NTT group has announced it will block access to malicious piracy sites that distribute popular manga and other content for free without permission.
The announcement on Monday was an apparent response to the government's call to block such sites amid concern that losses caused by reading for free would rapidly expand in the near future.
Some observers appreciate the impact of a major internet provider taking measures against piracy, but many in the industry remain cautious of blocking sites. It is uncertain whether other providers will take action similar to NTT.
The Content Overseas Distribution Association, which collects information on piracy, has estimated that the damage caused by the three sites NTT group will block exceeded 400 billion yen from September to February, with Mangamura causing losses of about 320 billion yen, Anitube about 88 billion yen and Miomio about 25 billion yen.
Reading manga for free on piracy sites means that manga artists and other related parties are deprived of the remuneration they otherwise would receive, resulting in fewer resources to produce new stories.
On April 13, the government requested internet providers to voluntarily block access to the three sites, claiming they are especially malicious. NTT responded to this request because of the sense of crisis surrounding the current situation. "If the current situation continues, Japan's content industry will decline," a senior company official said.
It is said that blocking sites could infringe on the "secrecy of communication," a right stipulated in the Constitution. However, the government pushed to block the sites under the interpretation that doing so is not illegal if the conditions needed to invoke the "right of necessity" are present, such as a malicious piracy site posting a large number of manga and thus significantly violating copyright.
Questions remain over effect
However, it is unclear whether other providers will follow NTT's lead.
A business' decision to block access to a site is ultimately made voluntarily, meaning they bear the risk of being sued. Business operators are taking a cautious approach out of concern that blocking sites may violate the secrecy of communication.
SoftBank Corp., which offers internet provider service Yahoo! BB, referred to copyright infringement by piracy sites, saying, "Piracy infringement is a problem that should never be overlooked, and should be dealt with urgently."
However, the company went on to express caution, saying, "Because some are concerned that blocking [access] could infringe on the secrecy of communication, we would like to consider feasible plans from various perspectives."
Major internet provider KDDI Corp. said it is considering measures against piracy sites but offered no details.
Some experts say blocking access to sites would have a limited effect because doing so resembles a game of whack-a-mole.
Some targeted sites did become inaccessible after the government asked providers to take measures against piracy sites. "It had a certain amount of effect," a government source said.
However, sites with similar names and offering similar services soon began to appear online.
Legal framework needed
People knowledgeable with the matter have criticized taking emergency action before the creation of a legal framework.
"I'm surprised NTT made its decision when doubts about blocking have been raised from a legal perspective," said Kyoto University Prof. Masahiro Sogabe, who specializes in the Constitution.
"The government's decision to name sites that should be blocked is also hugely problematic from the standpoint of freedom of expression. The government should make additional efforts to curb piracy sites," he added.
An employee in the publishing industry said, "I agree with blocking [the sites], but companies are still struggling to determine whether it's the best approach."
There are various ways to fight piracy besides blocking sites, such as taking legal action against operators of illicit sites and asking internet providers to remove the sites themselves.
Measures against so-called leech sites that post links to piracy websites are indispensable, as are users' efforts to raise awareness on copyright protection. The government must examine various measures to combat piracy sites and work to swiftly create a legal framework.
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