My Opinion This Week| October , 2009


My opinion of this week(649):

Ponyo saved a good local scenery of Tomonoura

A major land reclamation project slated for this bay in the Tomonoura district
of Fukuyama, Hiroshima Prefecture, has been halted by a district court. It is 
thefirst court ruling to block a public works plan for the sake of local 
scenery. The Hiroshima District Court issued an injunction to suspend a land
reclamation license for the bridge project, which was deemed a threat to the 
Tomonoura district in the city of Fukuyama. 

The area forms a core part of a national park that inspired an ancient poet and 
a world famous movie director Hayao Miyazaki who made a famous animation 
film "Gake no Ue no Ponyo ("Ponyo on the Cliff by the Sea") released last year. 
"The scenery of Tomonoura is in the interests of the public and can be 
considered an asset for the Japanese people," the ruling said. "The project 
would have a serious influence on it. Issuing a reclamation license is 
irrational and beyond the authority of administrative organizations," the 
ruling said.

It was a very good ruling," Hayao Miyazaki said after hearing of the court's 
decision. "The age of matters being settled by development is over. People 
should abandon the fantasy and delusion that something will dramatically 
change through public works projects."

The judgment at this time will affect not only on many of the same kind of 
public development plans which are planned at some other parts of the country
but also on those more fundamental land declamation projects including dam 
construction projects such as Yanba dam in Gunma Prefecture and Kawabe Dam 
in Kumamoto Prefectures. The projects of those two dams are now central 
political issues since the change of power was made in September 16th. 
Democratic Party of Japan will stop the construction of those two dams from
the necessity of dams by themselves. The ruling party insist that the dam is
not necessary any more from the point of water control to protect flood and
use of water to supply resisidents in neighborhood districts. 

The decision to stop Yamba and Kawabe dam is quite right from those point of
views. But I believe that the ruling party can now make another argument to 
stop constructing so many dams by insisting that the construction of so many
dams will destroy beautiful scenery of home land. I have not seen any of 
such arguments were made by any lawmakers or critics but I believe this is 
an additional strong point to be careful about proceeding so many dams 
construction projects which exceed over one hundred forties all over the 
country.

I enjoyed watching Ponyo animation with my grand daughter last summer. It was
really an enjoyable and good movie. We enjoyed really a beautiful scenery of
the village and ocean where Ponyo and a boy play but I never know the scenery
was created by getting many hints from Tomonoura District. 

I am now very happy and pleased to know the fact that such beautiful natural
scenery of the district will be protected from unnecessary land reclamation
project.

2009/10/3
Tadashi HAYASE


My opinion of this week(650):

Winny developer acquitted

The Osaka High Court on Oct 8 acquitted the developer of the Winny file-
sharing software program of copyright violation, reversing a guilty ruling
by a lower court that imposed a \1.5 million fine.

Presiding Judge Masazo Ogura overturned a Kyoto District Court ruling, 
saying Isamu Kaneko, 39, was innocent because he did not promote illegal 
activities using the Winny software, even though he was aware of the risks 
of copyright violations.

The case marked the first time in Japan that a developer of software has 
been charged and found guilty over unlawful acts by the software's users. 
Setting a new guideline for criminal responsibility using new technology, 
the Osaka High Court ruled that the creator of the Winny peer-to-peer file-
sharing program was not guilty of helping users violate copyrights. 

Kaneko, a former University of Tokyo researcher, welcomed the ruling, saying
it properly addressed the fact that Winny was "value-neutral." "Until today's
ruling, it was unclear what constituted abetment. Now, I think software 
developers like myself can breathe a little easier," he said. 

Shigeru Ota, deputy chief prosecutor for the Osaka High Public Prosecutors 
Office, said in a statement the ruling was "surprising and extremely 
regrettable." 

Editorial of Asahi News Paper on Friday picked up this issue and said the
judgment is quite appropriate and I generally agreed with it. It seems
that the issue did not draw much attention among general public but
it has been a big issue among software developers of IT industries and
industries which may be suffered from illegal distribution of entertainment
software by using such file-sharing software.

In addition to existence of this trial, several accidents of leak of secret 
information occurred at some business firms and public offices such as Self
Defense Force among staffs who use this file-sharing software. Then many 
business firms and public authorities prohibited to use of this software at
office. It has become common sense among business and public offices to 
prohibit to use of this evil software since then. But I personally have 
some doubt about such move and sentiments. I wonder why they don't 
evaluate the value of software as it is.  

When it comes to P2P technologies, there exist several good example of
software service in internet. Skype is an example. Million of PC users
use Skype chat and distant call telephone service very regularly. It is
really a good free communication service using P2P technologies which
may not to be referred to as file-sharing software, though.

I remember a typical example of file-sharing service using this technology
almost ten years ago. Napstar, an American IT venture business firm started
free music sharing service in 1999. I happened to know this service from
one of TV news show. A commentator of the show introduced how to get a 
number of music data from this service. I was very interested in it and 
started using that service soon after I saw the show.

The file sharing process itself was very simple. All I had to do was that
I registered my name to get ID of the site and installed software to share
files. After logging in the site, I put name of music data I want to get.
Soon after I put a name of music, I got a number of lists of providers in
PC who had that music data in various forms. I selected one that seemed to
 be appropriate for my purpose and started downloading the file. 

It took a kind of long time, 60 or even 90 minutes depend on the size of 
files, of course. It was not the day of broad band in those days. I used 
ISDN line the speed of which is very limited 64K or something like that.
But I did not to worry about the time because it was fixed charge ISDN 
service. 

I was really excited about such service but that did not last long.Napstar
stopped the  service immediately when they were ordered to stop that 
business by legal office for the infringement of copy right of music. I 
understood the situation what happened and thought that it was a good 
lesson to learn from the whole process. Many people in the world might
have felt the same way.

So I understand the meaning of this trial to some full extent. I understood
motives why prosecutors office brought up this case for the trial. They won
guilt judgment on the first trial but lost in the second judgment. They will
appeal the case to the Supreme Court. 

I personally believe that the Supreme Court will support the second trial
sooner or later. Kaneko's case is obviously different from the case of 
Napstar. Koneko's software was never developed under the assumption that
it would be abused in any cases. The software was developed to make 
efficient file-sharing among proper individual and business users. 

The software may be abused by evil users. Kaneko may know it. But why is 
developer responsible for such evil acts? I repeat to say the judgment
at this time is quite right in any means.

I am now anxious to know the final outcome of this trial.

2009/10/10
Tadashi HAYASE

My opinion of this week(651jF

Two governors stance on airport issues

When Seiji Maehara, Minister of Land, Infrastructure, Transport and Tourism 
visited Toru  Hashimoto, Governor of Osaka on Monday. Hashimoto suggested his idea
to Haehara on turning Kansai International Airport into a hub airport.   

Maehara, however, stressed that priority will be put on airports in the Tokyo
metropolitan area, including turning the capital's Haneda Airport into an 
international hub, and avoided any specific comments on Kansai International
 Airport. "With domestic and international flights separated (in Japan), 
Incheon (International Airport in South Korea) is more like the current hub 
airport of Japan," Maehara said. 

Osaka Gov. Toru Hashimoto got angry about Maehara's comment and announced.
"Unless Kansai International Airport is turned into a hub airport, there's no
need forus to fund it pointlessly." Osaka Prefecture contributed around 800 
million yen to the airport this fiscal year, including funds involving the 
nationalization of Airport Access Bridge (Sky Gate Bridge). I personally did
not understand why Hashimoto said that without some more deliberate consideration.
 Hashimoto is too shortsighted in this sense. Maehara did not necesarilly denied 
the idea of Hashimoto. All what Haehara said is that when it comes to priority,
Haneda comes first to be considered. He just could not mention anything about the 
situation in Kansai area at this moment. 

There existed one other shortsighted governor in Kanto area. Kensaku Morita
Govenor of Chiba Prefecture got angry when he heard the statement by Haehara
concerning his idea on Haneda hub airport. He said he denoounced  strongly 
the idea of Haneda hub airport insisting that would provide a great damage
for the interest of Narita International Airport. He said that Maehara 
underestimates the sentiment of people of Narita who had been involved with
a number of troubles for many years. "How does he evaluate important position
of Narita Airport as an inernational airport in this country, How can he 
replace Narita by Haneda as an international air port?." 

Many people including myself must have been dissapointed with Morita's 
performance. He changed his angry into a big smile when he met Maehara at
his office next day. Maehara's explanation is very clear to him and people
who have interest in this issue. Mahehara said:"Narita remains as 
an important international airport. Haneda will not replace Narita as an
international air port but creat a lot of new opportunities to function as
a hub airport in East Asia. It's a plus-sum for both air ports Narita and
Haneda which provide big benefit for Japan."

The idea is very clear and understandable even for such a person like me 
who has no knowledge on airports operation. Soon after the meeting by
Maehara and Morita, many key persons such as Shintaro Ishihara, Governor
of Tokyo, Shigefumi Matuzawa, Governor of Kanagawa and Fujio Mitarai, 
President of Japan Economic Federation expressed their support on Haneda's
hub port idea.   

Since the birth of Hatoyama new DPJ cabinet, we have seen a number of
local egoism expressed by local governors. This airport issue is one typical
example. Another is several dam and road contruction projects which are 
underway in all over Japan. Yanba dam in Ibaraki Prefecture is another
example as such.  

I don't wish to say local governors should never insist to protect the
interest of local people in any way. Yes, they are there to protect the
life of people in their teritories. But at the same time, they are there
to protect the interest of all people in this country in along with the
interest of their local people. How can they protect local interest by
loosing total interst of Japan. 

Decentralization is a big theme for new Hatoyama admistration. 
Decentralization cannot be established by a collection of local egoism 
expressed by local governors against Hatoyama administration these days.
 Now is the time for local governors to reconsider their relationship 
with central govenment on various basic issues which are concerned with 
the life of people as their local citizens and people in this country. 
 
2009/10/17
Tadashi HAYASE
My opinion of this week(652):

Meaning of@debureaucratization

Postal reform minister Shizuka Kamei said Wednesday he wants former Vice
Finance Minister Jiro Saito to replace Yoshifumi Nishikawa as Japan Post
Holdings Co. president. 

Saito's appointment, however, drawled a big  fire for going against the 
Democratic Party of Japan's efforts to strip the bloated bureaucracy of 
its policymaking influence. Kamei, leader of coalition partner Kokumin 
Shinto (People's New Party), is trying as hard as he can to roll back the
postal privatization reforms launched by former Prime Minister Junichiro 
Koizumi.

Kamei's selection of Saito, 73, former administrative vice finance minister,
prompted immediate criticism from opposition lawmakers and several mass media.
They said the decision contradicts the government's policy of having 
politicians rather than bureaucrats play the key roles in policymaking. 

Asahi News paper on Thursday criticized Saito's appointment in editorial 
saying that Saito is a kind of symbol personnel as bureaucrat. The appointment
is against basic principle of debureaucratization of Democratic Party of 
Japan that won the power in general election in August under that basic 
philosophy. Many other mass media criticized Saito's appointment with the 
same logics.

I had a great doubt about such assertion made by LDP lawmakers and some mass 
media.

Prime Minister Yukio Hatoyama surely insisted his idea of debureucratization.
But what he meant by debureucratization is that present decision making 
process of cabinet is basically controlled by bureaucrats in many important 
phases such as budget formation without total strong leadership and 
coordination by politicaladmistrative power. DPJ declared that they would  
change this bureaucrats oriented decision making process once they got power
in general election. 

Many of such changes have been observed since the birth of DPJ administration
in the last one month. According to manifest to make overall review of
privatization of Japan Post Corporation, Shizuka Kamei asked Yoshifumi 
Nishikawa to resign from President of Japan Post Corporation. Yoshifumi 
Nishikawa, who was a president of one of big Japanese private bank before, 
resigned from the position as he was requested. Many people seemed to expect
that Shizuka Kamei in charge of this affair would appoint a president of Japan
Post Office Corporation from some private business sectors rather than from 
some public or bureaucrats fields. But a kind of surprise came against such 
expectation as we observed.

I personally do not understand why the appointment of bureaucrat to this
position is such a big surprise. It was a big surprise and created big 
criticism among opposition fronts and many mass media under the assertion
that it is against the principle of debureucratization which is advocated by
DPJ. 

I never think that way. Does the word debureaucratization mean to prohibit to 
use of any bureaucrats for any positions in any governmental organization 
including some government related firm such as Japan Post Office Corporation?
No, not at all.

There are a number of bureaucrats newly appointed to some very important
cabinet positions and various ministries since the birth of Hatoyama Cabinet.
At the same time, several people in private sectors also have been appointed 
to such important positions in the same manner. What's wrong with it?

The president of Japan Post is just one of such positions. The candidate for
any of such important  positions should be opened for any fields such as
private sectors, research institutes and bureaucratic fields. It is fine,
indeed  as far as appointment should be made by the leadership of politicians
in the government. 

Appointment of Jiro Saito for the position is also referred to as typical case
of "Amakudari" (golden parachute of bureaucrat) by several lawmakers of 
opposition fronts which DPJ severely insisted to stop in general election 
There exist no such background at all as far as we observe the case at this
time.

As a matter of fact, I never know if this appointment is really appropriate.
Minister Shizuka Kamei and Hatoyama Cabinet is responsible for it if it does
not work. But the appointment itself is hundred percent legal and never against
any principle of debureaucratization which is basic norm of the party to 
proceed a number of political change which are going on in the past one
months since the birth of Hatoyama Cabinet.

2009/10/24
Tadashi HAYASE

My opinion of this week(653):

"We don't want you to say that!"

The Diet session began Wednesday.Sadakazu Tanigaki, LDP leader, bitterly 
criticized  about Hatoyama's policy speech on Monday saying the  DPJ's 
manifesto as being a "deceptive advertisement." Moreover, Tanigaki, 
who previously served as finance minister and places priority on balancing
 the debt-ridden budget, describedbudgetary requests filed by government 
ministries and agencies as "pork-barrel spending."

The outraged prime minister Yukio Hatoyama responded strongly: "We don't want
you to say that. You're not qualified to criticize us! Who is responsible for
the current fiscal situation?" Hatoyama said in reference to the huge budget
deficit accumulated under the LDP-led administration.

This portion of the debate and the word, "We don't want you to say that" said
by Yukio Hatoyama were broadcasted over and over again in TV news show in 
Wednessday evenning. It became popular topics among bloggers I communicated
very ofteneveryday. One of the blogger forecasted that the word may be selected
as one of the most popular word of the year contest sponsored by one big mass
media firm. I guessed he is probably right.

Following to this general question and answer session at main hall of the diet,
many more concrete and detailed discussion will be made at committee sessions
in this temorally session of about 40 days and ordinally session which will 
start in early next year. The fiscal year budget committee is one of the most 
important session to debate on many key manifests of DPJ. Liberal Democratic
Party as a major oposition front will bring up a number of difficult questions
to attack Haotoyama Cabinet. 

But it is easily esitimated that many of severe attack by LDP will pssosiblly be
backfiredby rulling fronts by saying this word. Since the change of power happened 
the rulling fronts are facing a number of difficulties in various field, such as 
diplomatic and defense issues, public work projects such as dam and road 
construction , JAL's financial difficulty, Haneda hub airport issues, special 
financing plan against small business, and so and so forth. Hatoyama Cabinet faces
to shortage of fund to attain many of those manifests as aciticipated previously.
 Finance Minister Yoshihisa Fujii indicated the possibility of issuing additional
bonds to create the fund. The total national budget amounts almost 95 trillion  
yen at the first stage of budget creation process. 

As a matter of fact, all of those difficulties mainly  derive from the minus 
assets accumulated by the past LDP administration. DPJ's cabinet must attain 
their manifests by overcoming many of those minus assets at the same time. It 
is natural that many criticism from opposition fronts may be able to be 
counterattacked by saying that word: "We don't want you to say that". 

But it is my sincere advice against Hatoyama Cabinet not to say this word any
more. Is fine to refere the facts of the past whenever it is necessary. But
that should not be used as execuse for the reason that they cannot work on their
manifest.

And DPJ's administration should not use the word any more in principle 
according to my idea. It is not even necessary to say it for people knows the
background and understand the situation now DPJ faces at the moment. It was 
the people's decision to select DPJ rather than LDP to perform and solve many
 of such difficulties. 

People will never allow LDP to continue such negative campaign against
Hatoyama cabinet and do not support LDP as far as they do not change basically.

On the other hand, I think people will allow DPJ to takes enough time and even
 to make several adjustment of manifest as far as they continue to work hard 
without saying many execuses as such represented by that kind of word.

They should go royal road so that they can attain major portion of monifest in
next four years. Yes, they can. 

2009/10/31
Tadashi HAYASE

 
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