JT pinThe Japanese porn industry has suffered a significant legal setback, as prosecutors in Taiwan have declined to pursue copyright infringement claims against those accused of piracy: Officials in Taipei decided that porn is obscene, and, therefore, unworthy of copyright protection. Adult-movie producers from Japan had sought to halt rampant, unauthorized offshore use of their films and photos, threatening legal action in 2010 if Taiwan did not crack down on commonplace profiting by Taiwanese off the Japanese porn without permission.

And, in an ironic twist, the Japanese threatened to pursue complaints that their material was being spread to the detriment of Taiwanese children’s health and welfare if officials in Tapei declined to pursue copyright infringement claims.

There is a history between the parties. TorrentFreak reports, noting: “In 1999, Japanese porn producers launched a copyright infringement lawsuit against Taiwanese pirates in the hope of holding them accountable for profiting from their content, but the case proved counter-productive. The Supreme Court decided that since porn movies are obscene they should not be entitled to protection under copyright law. The Prosecutor’s Office saw no reason to challenge that ruling this week.”

In their defense, the porn producers sought to liken their work to materials typically enjoying copyright protection, saying,  “…they had hired directors, actors and actresses, make-up artists and other professionals to make the films which express the directors’ ideas and the actors’ uniqueness and so their films should enjoy the protection of Taiwan’s law governing intellectual property rights.”

As for the threat of polluting or endangering young people by declining to pursue the copyright claims? The Taiwanese government slapped that notion down, noting that outlets using-pirating the Japanese porn carry warning signs to protect young people from accessing adult materials.