Taiwan Says Porn Not Protected Under Intellectual Property

Mar 21, 2013 1:00 PM PST

TAIPEI, Taiwan — Unlike the battle against pirated content elsewhere in the world, prosecutors in Taiwan have no problem with their country’s online sites using other foreign companies’ porn to make a profit.

The Focus Taiwan News Channel reported that Taiwanese firms that used Japanese-made adult content have not violated the original producers' copyrights.

Although Elta Technologies Co. Ltd, and 10 other Taiwanese firms using Japanese porn were in the crosshairs for copyright violations, the Taipei District Court's Prosecutors Office announced it wouldn’t press charges.

An official statement explained that the Japanese producers maintained that they hired actors and crews to make the films that express the directors' ideas and the actors' uniqueness, so the movies should be protected under Taiwan's intellectual property rights.

But the prosecutors argued that while Taiwan's Supreme Court recognizes copyright infringement for creative works of literature, science and arts, hardcore porn is not protected under the law and therefore they couldn’t find any reason to support the Japanese accusations.

What’s more, the sites also skated obscenity problems by posting warning signs that blocked minors.

The Japanese producers also dropped their case against two of the 11 companies charged, adding ammunition to the prosecutor’s decision not to indict.

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