2ch safe? Lawyers weigh in on the forcible execution question

First off, two lawyers note on their blogs, 2ch.net is registered to Tucows Inc. and not Hiroyuki Nishimura:

Domain Name: 2CH.NET
Registrar: TUCOWS INC.
Whois Server: whois.opensrs.net
Referral URL: http://domainhelp.tucows.com
Name Server: NS1.MAIDO3.COM
Name Server: NS2.MAIDO3.COM
Status: clientDeleteProhibited
Status: clientTransferProhibited
Status: clientUpdateProhibited
Updated Date: 13-oct-2006
Creation Date: 22-jul-1999
Expiration Date: 22-jul-2007

Based on this, lawyer Toshimitsu Dan explains:

At any rate, the 2ch domain’s registrar is not Hiroyuki. forcible execution of assets in a third party’s name is very difficult. It would be a surprise if they could do it.

Did you wonder what kind of procedures need to be taken for forcible execution of a domain name? Since it’s a a forcible execution, the court would carry out auction procedures, decide on the winner of the auction, and when the winner pay the amount, I guess they would go through procedures to change the registrar.

In that case, how would they change the registration?

Would the court send its decision to ICANN? Or would they send it to VeriSign, which maintains .net domains, or Tucows, the registrar for 2ch? I don’t think any of them would respond…

In order to carry out forcible execution procedures on a foreign corporation, a proper treaty is necessary between the two nations, so if there are no conventions then I feel it would be difficult.

The original ZAKZAK story claims:

There is a period from now in which Nishimura may file an objection, but if he does not show up in court as he has been doing, the forcible execution could start as early as 2 weeks from now.

The upcoming provisional seizure is likely to have a big impact not just on Nishimura himself but also the 10 million-plus users of 2ch. That is because, based on the Tokyo Regional Court’s judgment that “it is possible to seize anything that has a price,” his domain names will also be provisionally seized, a move “unprecedented in Japanese history” (according to Japan’s domain management institution).

If the procedures move forward, the domain’s ownership rights are transferred, and the 2ch site loses its Internet address, user will no longer be able to view anything even if they access the original 2ch.net address.

But it looks like 2ch might be safe after all. Nevertheless, the article has scared a lot of people, including this blogger who will be keeping an eye on this story. On 2ch, the story has dominated the news message board, with more than 100 new threads started on the topic.

2ch to be shut down??!?

UPDATE: 2ch might be safe after all.

top12.gifZAKZAK reports that a 35-year-old man who is suing 2 channel founder Hiroyuki Nishimura has filed to put a lien on all Nishimura’s assets, including the 2ch.net domain. The filing comes after months of Nishimura’s complete refusal to respond to any legal actions against him, including judgments ordering him to delete inflammatory posts and even pay compensation.

Nishimura can object to the motion, but if he does not respond 2ch could be shut down in as early as 2 weeks! He may decide to move the 2ch servers to a different domain, but such a move could take up to 2 weeks due to the decentralized nature of the server.

DOUBLE UPDATE: So far it looks like ZAKZAK has the exclusive scoop on the motion to seize Hiroyuki’s assets, and we at MF have the first reporting of the development in English. ZAKZAK’s close connection to the story could stem from their earlier coverage of Hiroyuki’s legal troubles.

UPDATE: A fitting goodbye as any (if it doesn’t show up look at post 34 in this thread):

34 :名無しさん@七周年:2007/01/12(金) 13:48:23 ID:LrUGxQZl0
                                 ∧ ∧   ∧ ∧
   /⌒~~~⌒\                       (   ,,)   (,,・Д・)
 / ( ゚〟д〟゚ )y─┛~~                ~(___ノ  ~(___ノ ,?_
(_ ノ? U  ∩_∩)   THANK YOU 2ch     ┌───────┐   \
  ?___J _J         and          (| ●        ● |      ヽ
  / ̄ ̄ ̄ ̄\  GOOD-BYE 2ch WORLD! /.| .┌▽▽▽▽┐ .|____|__||_| ))
 /     ●  ●、                   ( ┤ .|        | .|□━□ )
 |Y  Y       \ またどこかで会おうね  \.  .└△△△△┘ .|  J  |)
 |.|   |       .▼ |                 | \あ\      | ∀ ノ
 | \/        _人|∧∧∩゛冫、 .∧_∧      |    \り.\     . |  – ′
 |       _/)/)/( ゚Д゚)/ `  . (´∀` )..ヽ(´ー`)ノ  \が\ .   |  )
 \    / 〔/\〕 U  / ∩∩ (    ) (___)    \と.\ .|/
  | | | c(*・_・)  |  |ヽ(´ー`)ノ_|  |  | |   |~ /\.\う\| (-_-)
  (__)_) UUUU /∪∪ (___)(_(__) ◎ ̄ ̄◎─┘ .└──┘.(∩∩)

A brief look at free English-language online sources on Japanese politics

Happy New Year, everybody. 2006 was Mutant Frog Travelogue’s 2nd year of existence and a good one for a number of reasons: our readership has surged, we’ve been dubbed a top 10 Japan blog, and most importantly we have learned a lot in the process, both through researching for blog posts and through reader comments. Loyal readers: thanks for the support. Newcomers: Stick with us!

We don’t pretend to offer anything but whatever inspires us to click the Publish button, but we do hope you’re interested in what we have to say. Of course, you wouldn’t want to use this site as a main source for information, especially since there are much more comprehensive and professional sites out there.

For example, if you want information on Japanese politics in the English language, there is a wealth of sources to consult. For background, you can consult Wikipedia or the CIA World Fact Book to brush up on the basics or find papers by various experts in the field (the two best sources I am aware of: JPRI and Japan Focus), all free of charge.

On top of that, the Japanese government (such as METI’s think tank RIETI and MOF’s research institute, the websites of the various political parties, especially the LDP, as well as every ministry and agency’s English websites) and various think tanks (Keidanren, Daiwa, and other corporate-sponsored tanks are often quite interesting though they often focus more on the economy) provide much of their research and information in English free of charge.

To find out what’s happening now, there are several excellent English-language sources that are either straight, on-the-scene reporting or translations thereof: Japan Times, Asahi, and Yomiuri all offer different perspectives on daily events. Though you often won’t get the “story behind the story” you can nevertheless keep yourself informed of the details. And if you’re looking for a lighter side of the news, there’s even Mainichi’s WaiWai section that includes many translations of weekly magazine articles, rife with speculation and sensationalism.

And then there are various sites run by foreigners with a particular axe to grind or focused interest. The source most narrowly focusing on politics is the Japan Considered Podcast, run by a veteran Washington Japan policy hand Robert Angel. And there are plenty of others: the people at the new TransPacificRadio take a comprehensive look at the latest news, Debito has a blog chronicling developments surrounding Japan’s treatment of foreign residents, Marxy keeps an eye on pop culture and its gatekeepers, and (until last year at least) Japan Media Review took a look at Japan’s news media industry and let us know how awful the kisha club system is.

Even compared with 2 years ago, the amount of good information out there has become almost staggering. So with so many great resources out there, what can I, Adamu, offer? Biting analysis? Not so much. I try, but there’s a lot I need to learn about Japan, and I feel that I lack a certain perspective by not actually living in the country. In essence, I try to give you two things: (1) My observations as someone who follows the news in Japan with an almost religious devotion; and (2) Translations of interesting articles that would otherwise never find their way to an English-speaking audience. And if you think the increase in freely available Japan information in English was impressive, the surge in Japanese-language online content is even more staggering. It’s not as impressive as the revolution that’s occurred in the US: Japanese newspapers have not followed their American counterparts in posting their entire contents online, for starters. But that may only be a matter of time, and meanwhile there’s enough to keep me busy in my offtime at least.

Abe’s wife’s blog not that hot, says Gendai

Even though I just got back from Japan, somehow I feel kind of out of the loop. Thankfully, Nikkan Gendai, perhaps Japan’s least prestigious (and therefore often most entertaining) daily, is there to put right back in there with some totally irrelevant news (for relevant news, read this good rundown of why PM Abe is in trouble right now from JT):

Jan 8, 2007

Tired Abe and agnes chanMrs. Akie’s Obscenely Embarrassing Blog

Akie Abe, wife of Prime Minister Shinzo, is humiliating her self in the extreme. She started a blog “Akie Abe’s Smile Talk” in Nov 2006 in an attempt to revive her husband’s popularity, but the contents have met with criticism, and constituents have come out against her in droves, telling her to “stop messing around.”

For example, she had this to say on Christmas:

“We visited my husband’s friend [popular singer] Agnes Chen’s house (snip) and we had a delicious meal, fun conversation, and in the end as a special treat Agnes even sang a song. I could feel the goodness of this energetic family.”

That was followed by photos of turkey and other gourmet food. On Dec 24, Xmas Eve, she posted a picture of herself eating porridge at the PM’s official residence, a shining Xmas tree decorated with decorations received from Laura Bush, and the comment “Today I just want to take it easy.”

Akie says, “I would be happy to get people to understand my candid daily thoughts by introducing a part of my life on this blog,” but Internet message board site 2-channel was less than kind: “It’s a blatant revealing of a winner’s circle celebrity bourgeoisie diary,” “She is totally screwing with us,” “Honestly, neither of them have any sense of tact,” “She’s most likely going to strangle her husband to death later on.”

Perhaps in light of the criticism, the blog hasn’t been updated since her new year’s greeting. Team Abe’s PR strategy is to put her in the spotlight, but her out of place blog might not last long.

Japan’s animation industry hollowing out?

Japanese weekly business magazine Shukan Toyo Keizai (Weekly Oriental Economy) has given me a very nice Xmas present: They finally post some free content online! I was even more delighted to discover that one featured article discusses a topic that’s come up in a recent post: the “decline” of Japan’s animation industry. According to animation critic Ryota Fujitsu (who incidentally also is on the selection committee for the Nippon Otaku Awards) argues that rather than declining per se it’s “hollowing out” due to outsourcing of animators. I decided to translate it in full since it brings up some interesting issues. Let’s have a look:

The Hollowing Out of Japan’s Animation Industry Continues

(2006/12/19)

Currently, Japan’s animation industry wouldn’t be viable without the presence of Korean and Chinese subcontracting companies. Why must the industry rely on foreign outsourcing? If you trace the causes of this dependence, you’ll find the answer lies in the low production costs. Normally, production costs of a 30-minute program amount to around 10 million yen apiece. However, it costs even more than that for a more elaborate project, and there are also many works that are produced for prices lower than 1 million yen. This situation has been going on for years, and you could say it has become entrenched. So as a result, the issue of low wages for animation staff, chiefly represented by the animators, has been repeated in the media. This is despite the facts that dozens of animated programs are shown every week, and animation has been proclaimed as “a subculture representative of Japan” by the media.

One third of animators make less than 1 million yen annually

The typical lifestyle of a contemporary animator was detailed in the 2005 study “Status of Activities and Lifestyles of Performing Artists” conducted by the Japan Council of Performers’ Organizations (tr: report available here in Japanese only).

According to this source, animators work an average of 10.2 hours a day, an estimated 250 hours per month. Despite this, 26.8% of the make less than 1 million yen per year, 38.2% earn an average annual income of between 1 million and 3 million yen annually. Meanwhile, 80% of in-between (douga) animators are paid by quantity, with per-cel prices averaging 186.9 yen. 73.7% had annual incomes of less than 1 million yen.
Continue reading Japan’s animation industry hollowing out?

Say it with me: “Dentsu”

A full report by an independent committee has been released detailing the scandal has embroiled the Abe administration surrounding faked “town meetings.” Since their beginning under the Koizumi administration, the meetings, which were intended to serve as a forum to include citizens’ opinions in the policymaking process for such initiatives as postal privatization and education reform, most of the meetings have been exposed as frauds, with government officials planting questions and paying participants to provide opinions supporting the government’s position. Moreover, massive cost-padding has been discovered in the administration of the meetings, which cost an average 11 million yen to hold and occasionally featured a staff member being paid to operate the elevator.

Conspicuously missing from English-language reporting on this scandal, including at least one report from a Western outlet, is the fact that the contract for administration of the first meetings was awarded to massive Japanese ad agency Dentsu with no competitive bidding. I’m just a little surprised that the angle hasn’t been more fully explored, since no-bid contracts always ripe for criticism and the Western media have had a great time slicing and dicing the Halliburton corporation for its ineptitude in Iraq.

Dentsu involvement is no secret, but so far even the Japanese-language newspapers haven’t done much to pick up that part of the story. The Asahi’s wording is especially strange:

Another revelation in the investigative committee report is that the government likely overspent on some meetings. The report said the cost of holding a town meeting in the first half of fiscal 2001 was 21.85 million yen, not including advertising, whereas in fiscal 2002 and later years the average cost per meeting was between 7.19 million yen and 12.85 million yen.

The reason is likely that in the first half of fiscal 2001, government officials selected companies to operate the town meetings. In subsequent years, the companies were chosen by competitive bidding.

Hokkaido Shimbun, reporting on the investigation results, noted that Dentsu ran the first 16 meetings since the program began in 2001, costing the Japanese government 395 million yen, or about 24 million per meeting. After the meetings were opened to competitive bidding, other companies including Dentsu managed the meetings, and the costs came down to more than half that.

An excerpt from the 2005 book Dentsu’s True Colors: The Media Industry’s Greatest Taboo, indicates that Dentsu was an advisor to the Koizumi administration from the very beginning. Along with other ideas that came to define the Koizumi administration such as US-style “one-phrase” (sound byte) politics, the town meetings were Dentsu’s idea to begin with, and the government left management of them up to the company’s discretion, leading to criticism from then-Nagano governor Yasuo Tanaka:

That was how Dentsu became involved in policymaking not just on the national level but on the local level as well, and tied it into their business.
It looks as though “town meetings” were just such an instance of Dentsu involvement. The office in charge was placed in the Cabinet Secretariat, but Dentsu was contracted to manage the town meetings with a private (no-bid) contract. One reporter commented that he was surprised one time when he went to cover a town meeting in Okinawa:
“When I went inside the hall, staff wearing Dentsu badges were all over the place. And regarding the content of the meeting, I couldn’t understand the meaning of spending money on such a thing, and the statements of the people in attendance were more like petitions than a conversation.”
The fact is, the average cost to hold these meetings was a staggering 60 times greater than what it cost to hold Nagano Governor Yasuo Tanaka’s powwow meetings, which were started earlier on.

It’s been explained by Japan policy academic Robert Angel that the town meeting scandal resulted from a lack of careful attention to the administration of the meetings, and deference to local leadership, “once the novelty wore off,” led to the planting of questions. But the planting of questions has so far been documented to have begun as early as October 2001, while Dentsu was in charge. According to Asahi, “In fiscal 2001, 185 people asked planted questions at 50 town meetings, although there is no information available to determine if the government paid them to do so.” And as e-mail records (PDF courtesy of DPJ lower house member Daisuke Matsumoto) of preparations for the meeting in Hachinohe, Aomori prefecture show, the planting of questions and guidance came from the town meeting office in the cabinet, not local leadership.

Dentsu has a reputation for being a shadowy manipulator of public opinion, and has been accused of a host of dubious accomplishments from swaying sheep-like voters with flashy pro-postal privatization campaign tactics in the September 11, 2005 general election resulting in a huge LDP victory, to staging the entire “Train Man” phenomenon on popular message board site 2-channel to reap massive profits from pre-planned soap opera and movie adaptations. However, according to an anonymous retired Dentsu official quoted in True Colors, Dentsu relishes this reputation and cultivates it: “Dentsu’s public image, as if they have been involved in national conspiracies, has had the effect of making the company look more powerful than it actually is. Dentsu is aware of this and purposefully neither confirms nor denies this role.”

As much as I’d like to see Dentsu dragged through the mud for their role in this scandal, the fact remains that the government led this initiative to deceive the public and drown out actual public opinion. Given the history of the Japanese government, this comes as little surprise, but these days scandals spread like wildfire over the Internet, people are aware and quick to anger at such flagrant ethical violations, hopefully forcing the political leadership, who increasingly relies on public support to stay in office, will start paying attention to what the public really thinks rather than staging horse and pony shows.

Japan’s Internet homeless – living the dream?

The Asahi has a report about the growing phenomenon of people living in Internet cafes:

…[F]or a growing number of young people, the coffee-shop-cum-entertainment-centers are not just a home away from home but home itself.

Most are freeters–job-hopping part-timers–who hit hard times and have no permanent place to live. They have found a haven in the cafes, which offer showers and private cubicles at a bargain price.

Net Cafe OSK200611020028.jpgOn a recent evening, a 30-year-old man from Osaka entered one such place in the city’s Umeda entertainment district. He signed up for the late-night rate, which allows a five-hour stay for 1,500 yen starting at 10 p.m. The man slipped into one of the private booths, carrying a backpack.

He quickly showered, brushed his teeth and then burrowed under a blanket that comes with the room. He stretched out in a reclining seat as best he could and tried to catnap.

Asahi gives some background to the problem later in the article:

Internet cafes that offer multiple services including overnight stays began cropping up around 1999. According to the industry organization that represents them, 1,320 such cafes had registered for business around the nation as of the end of September.

“The rates are better than saunas and capsule hotels,” says Hirohiko Kato, 52, who owns a cybercafe chain with 55 outlets nationwide. “And in addition to that, cafes offer special perks such as bottomless soft drinks. Multiple-service cafes have become especially popular in major city areas.”

A cafe manager at a large-scale cybercafe with 150 seats in Ikebukuro, Tokyo, says: “We serve about 140 overnight customers a night on average. About 10 percent are regulars we see come in carrying large bags.”

They act like this is a new problem. There have been reports of people being “caught” living in Internet cafes for a least a year now. The cafes all differ in what they offer and what they’ll tolerate, but most run 24 hours a day and many offer showers and toiletries, supposedly to cater to businessmen who missed the last train for the night.
Continue reading Japan’s Internet homeless – living the dream?

Saaya Irie on YouTube

My quick letter to YouTube:

Dear Youtube:

It looks like dozens of videos of 12-year-old Japanese actress Saaya Irie are making their way around your site. At least one video was popular enough to appear on the top videos of Japanese YouTube search site, Qooqle Clippers. I watched the video, and it’s of Irie in a white bikini with a cameraman in the background telling her to pose. She is 12 years old making suggestive poses. It looks like something out of a Stephen King novel. One hopes that a nightmare sewer clown killed the cameraman moments after the video was shot.

As much as I like your service, videos of this nature are highly inappropriate and may be illegal under US law. In the off chance that you view one of the many videos on your site depicting Saaya Irie and conclude that she is engaging in nothing more risque than normal child modeling, let me assure you that she is intended for the Japanese softcore child porn consuming public, as has been documented (see links below). Often in Japan, child acts make a show of appealing to fellow youngsters while in fact courting older fans who then purchase “photobooks” that feature no nudity but are nevertheless softcore pornography. While tolerated in Japan, an American site should not in good conscience enable this behavior. Considering the extent to which you accommodate copyright holders to ensure that infringing content is deleted in good faith, I can only hope you will make the utmost effort to remove material that depicts child exploitation as well.

Regards,

Adamu

Links: 1 2

Don’t mess with 2ch: ZAKZAK, Sankei Sports report

A couple interesting articles on the building discontent with 2ch and its founder’s scofflaw ways. Debito has the articles full-text in Japanese only on his awesome new blog (such discrimination!) but I have decided to translate them (not verbatim but true to the original, as usual) for the discerning English-reading public. BTW, I’ll only have really nice things to say about 2ch in the future:

ZAKZAK!

2-Channel in a state of lawlessness – Attacks on individuals left on the site

A 30-year-old customer service worker recalls her painful memories:

hiroyuki 061105sha20061105001_MDE00430G061104T.jpg“I went back to my parents’ house after my home address was revealed on the Internet, but harassing phone calls kept coming into my office. Even my customers started to distrust me, thinking that I had someone (harassing me).”

The woman took the brunt of insults such as “ex-prostitute,” “too much plastic surgery,” and threats including “I’ll kill you,” and “Just die.”

There were rumors that “an old acquaintence in the same business posted the offending material around the time when (the woman) opened her own store,” but the “culprit” could not be identified. The woman filed a civil law suit holding message board’s moderator Hiroyuki Nishimura (age 29, pictured) responsible.

The Tokyo Regional Court ordered deletion of the posts and 1 million yen in compensation, but the court victory spawed a second round of attacks. On 2ch, there were several posts including “don’t get bent out of shape over such things,” “I’ll beat you to death,” and “Hurry up and hang yourself.” Her workplace’s web site was also flooded with similar posts, shutting it down. The woman took leave from work for a while due to the stress.

Nishimura’s reaction at the time was, “Since it wasn’t just a demand to delete the posts, but litigation to take money from the message board’s moderator, I think it happened because it provoked protest from regular users.”
Continue reading Don’t mess with 2ch: ZAKZAK, Sankei Sports report