IPA IP 2023 Question 29
A question IPA Japan published in 令和5年度 ITパスポート試験 公開問題 問29, translated into English. ITPEC is based on the same exams.
Which of the following is the law that regulates the act of selling programs that disable the copy protection of video software without a justifiable reason, in order to prevent unfair sales practices?
Explanation
Unfair Competition Prevention Act — Japan's law that makes selling or providing devices and programs which circumvent technological restriction measures, such as copy protection, an act of unfair competition.
Copy protection on video software is a technological restriction measure that protects the business of the content provider. Selling a program that disables it lets buyers copy the content without paying, so the Act treats providing such programs as unfair competition. The business harmed can demand an injunction and damages, and wrongful sales carry criminal penalties.
Answer (d)
Why not others:
- •(a) Trademark Act — protects registered marks for goods and services, such as names and logos, not protection technology
- •(b) Act on Specified Commercial Transactions — protects consumers in door-to-door sales, mail order and similar transactions, for example with cooling-off periods
- •(c) Act on the Prohibition of Unauthorized Computer Access — prohibits using another person's ID and password, or exploiting security holes, to access a computer over a network
Key rule: Circumventing copy or access protection to the detriment of a business falls under the Unfair Competition Prevention Act; unauthorized log-ins fall under the unauthorized access law.
Legal Affairs · AI-written, may contain errors
This question comes from the past questions IPA Japan publishes, translated into English by ITPEC Practice. ITPEC Practice is an independent study tool and is not affiliated with IPA or ITPEC. See the original paper (PDF) or Report an issue.