Case Number: 2024(Ne) 338 and 1217
Type: Appeal in an Injunction Case under the Unfair Competition Prevention Act
Appellant (Defendant at First Instance): Igo & Shogi Channel Inc.
Appellee (Plaintiff in First Instance): (Individual) YouTuber
Relevant Law: Unfair Competition Prevention Act
On January 30, 2025, the Osaka High Court overturned a partial judgment previously rendered by the Osaka District Court concerning a replicated video stream of a shogi game record. The High Court dismissed the appeal, siding with the Appellant, Igo & Shogi Channel Inc., who had sought approximately 3.4 million JPY in damages from a YouTuber who had uploaded a replicated video stream of a shogi match.
Osaka District Court Decision (First Instance)
The YouTuber uploaded a video replicating a live shogi match session—specifically, footage of players placing pieces on the board—on YouTube and TwitCasting, timed with an official title match. Igo & Shogi Channel, which provides official live streaming of shogi matches, requested that the video be removed. It was subsequently taken down.
The YouTuber argued that the shogi record merely represented factual information and had not been illegally obtained. He then filed a claim against Igo & Shogi Channel, seeking compensation for damages and the withdrawal of the takedown request.
The District Court ruled that a shogi record is a publicly available, objective fact and that the YouTuber’s video fell within the bounds of fair use. As a result, the District Court ordered Igo & Shogi Channel to withdraw their takedown request and pay approximately 1.2 million JPY in damages to the YouTuber. For more detailed information, please refer to our previous article of the District Court decision. (link)
Osaka High Court Decision
In response, Igo & Shogi Channel appealed the District Court’s decision. The Osaka High Court noted that shogi match records are managed by newspaper publishers and the Japan Shogi Association (JSA), which organizes the matches. The JSA authorizes specific providers, such as Igo & Shogi Channel, to distribute official streams.
The High Court recognized that the business model relies on this exclusivity and found that unauthorized video streaming—such as the YouTuber’s—could jeopardize the sustainability of shogi matches by reducing the profits available to legitimate providers.
Taking these factors into account, the High Court determined that the YouTuber’s streaming exceeded the scope of fair competition and infringed upon the legitimate business interests of the authorized provider. The High Court therefore ruled the YouTuber’s actions to be unlawful.