Microsoft Corp. v. Shuuwa System Trading K.K.,
Tokyo District Court, opinion of Jan. 30, 1987
(1219 Hanrei Jihoo 48)
Translated by Edward G. Durney


1. The defendants will not publish or distribute the book described in the appendix.
2. The defendants will abandon the book described in part one of this Order.
3. The defendants will bear the costs of this litigation.


1. Gist of the Claims

2. Defense to the Gist of the Claims

1. Grounds for Claims

2. Response to Grounds for Claims



1. There is no dispute between the parties about the truth of Ground for Claim 1 .
2. The process of creating the work at issue, the rights attached, etc., will now be examined.

3. Next we will look at the contents of the work at issue.

4. Accordingly, we will now consider whether or not the work at issue having the contents described in the preceding section is protected under the Copyright Law.

5. We will next examine whether the defendants committed copyright infringement.

6. As discussed above, each of the above-mentioned acts of the defendants should be considered to be infringements of the copyright at issue belonging to the plaintiff, and because we can say that the book at issue was created by the above-mentioned acts of infringement, the plaintiff can properly demand that the defendants cease publishing and distributing the book at issue and abandon the book at issue.

1 Translator's Note:The word "scientific" used here is a different Japanese word (kagaku)than is used in the list "literary, sceintific, or musical" of Article 2 of the Copyright Act, The Japanese word gakujutsu is translated in the latter as "scientific," although a more usual translation is "scholarly" or "academic." The defendant, therefore, probably intended to contrast the purely sceintific nature of the work at issue with the scholarly nature of normal copyrightable works. However, since the word was tgranslated as "sceintific" in the quasi-official English translation of the Copyright Act, that pattern has been followed here.

2 Translator's note:The Japanese word translated in this sentence as "scientific" and "science" is gakujutsu, which is probably better translated as "scholarly." See supra note 1.