Internet virus embedded in image

A student who had allegedly spread a computer virus has been convicted of copyright infringement charges in a case that has highlighted the lack of laws in Japan to police malicious programs in cyberspace.

Masato Nakatsuji, 24, a graduate student at Osaka Electro-Communication University, was suspected of spreading a virus by embedding it in an image from a Japanese animation film that he illegally copied and distributed over the internet.

The virus he allegedly used, the "Harada virus", is one of Japan's "Big Three" viruses, and Nakatsuji's arrest, in January, was the first in Japan involving the making or spreading of viruses.

Nakatsuji was found guilty in Kyoto District Court and sentenced on the same day to two years in prison, suspended for three years, said a court official.

The suspended sentence means Nakatsuji will not serve time in prison.

Although computer viruses have wreaked havoc around the world for more than two decades, Japan has been slow to pass legislation to crack down on people that make and spread the potentially destructive programs.

In the latest case, police considered other charges, including damage to property and obstructing business, before deciding that copyright violation charges would hold up best in court.

Nakatsuji did not contest the charge that he had spread the virus, police say.

His lawyers had argued he should get off with a fine, saying it was unfair that he was being more heavily penalised because a virus was involved in the alleged copyright violations, Japanese daily newspaper Mainichi reported.

Downloading the Harada virus with the animated image destroyed data and spread on the internet information stored in computers hit by the virus, according to police.

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