Japanese virus maker gets 2.5 years in 'landmark case'

A 28-year-old man was sentenced to two-and-a-half years in jail for creating a computer virus that replaced files in infected computers with images of squids and octopi. But what made the case unique was that it was the first time a computer virus maker was sentenced on charges of property destruction. The Yomiuri Shimbun identified the virus creator as Masato Nakatsuji of Izumisano, who created the "ika-tako" (squid-octopus) virus that would destroy and replace files in hard drives with images of squid and octopi. His creation would destroy and replace files in infected machines with illustrations of squid and octopuses. Nakatsuji's lawyer contested the latest charges against his client, saying property destruction charges could not be applied to his case because the virus did not physically damage the hard disks - a claim Okabe rejected. The judge pointed out the performance of the hard disks was affected, and computer experts could not completely recover data from the infected computers. Presiding Judge Masaru Okabe described the deed as "an ingenious, planned crime to spread a computer virus over a long period of time." Okabe added that since Nakatsuji "committed the crime while he was on probation for a similar charge. I have no choice but to give him a sentence without suspension." Investigation showed Nakatsuji uploaded files containing his creation online via file-sharing software between May and July 2010. The Yomiuri Shimbun report said Nakatsuji had already been sentenced in May 2008 to two years in prison, suspended for three years, for violating the Copyright Law. His sentence in 2008 stemmed from spreadin a virus on the Internet by attaching it to images of anime. First virus writer arrested in Japan A separate report by computer security firm Sophos said Nakatsuji became the first virus writer ever arrested in Japan after distributing the Pirlames Trojan (dubbed "Harada" in the local press) via Winny. That virus displayed images of popular anime characters - while wiping music and movie files. Earlier this year, Japan introduced legislation that made virus writing illegal in the country. — TJD, GMA News