The Cyber Crime Countermeasures Division of the Kochi Prefectural Police, along with others, arrested a 36-year-old interior decorator from Uji City, Kyoto Prefecture, on suspicion of violating the Unfair Competition Prevention Act. He is accused of modifying and selling character data from the popular Nintendo Switch game “Pokémon.”
According to the announcement, between December 2022 and March 2023, the man allegedly used his home computer to modify Pokémon game data in response to customer requests, selling a total of 15 characters, including “Sandstorm” and “Baojian,” online for about 13,000 yen. He admitted to the charges, stating that it was to “earn a living.”
The man reportedly posted ads on his website, such as “Limited Time Only! 6 Characters for 4,000 yen,” and sold enhanced characters based on customer preferences for 600 to 1,000 yen each. He is suspected of earning several million yen using similar methods, and the police are investigating further charges.
Consideration
This case is intriguing from both the gaming industry and legal perspectives. Let’s explore why the act of modifying and selling console game software data violates the Unfair Competition Prevention Act.
What is the Unfair Competition Prevention Act?
The Unfair Competition Prevention Act is a law that protects fair competition between companies, specifically regulating the protection of trade secrets, unauthorized use of trademarks, and false representation. In this case, the sale of modified data likely falls under “acts that infringe on the business interests of others through unfair means.”
Data Tampering and Copyright Infringement
Another key point is whether the modified data infringes on the original copyright. Pokémon characters are intellectual property of Nintendo and the Pokémon Company. Modifying and selling this data could constitute copyright infringement.
Consumer Protection Perspective
The sale of such modified data also poses problems for consumers. The coexistence of legitimately obtained and illegally modified characters or items can undermine the fairness of the game. Additionally, users found using illegal data may face penalties, such as account suspension.
Legal Response and Preventive Measures
To prevent such illegal activities, companies need to strengthen both technical measures and legal actions. User education is also crucial, ensuring that users are aware that using illegal data is their responsibility.
This incident underscores the importance of legal responses to the unauthorized use of digital content. It highlights the need for companies to continue supporting the appropriate protection of intellectual property rights and promoting fair competition.
