{"id":48,"date":"2006-10-11T00:56:59","date_gmt":"2006-10-10T15:56:59","guid":{"rendered":"http:\/\/www.debito.org\/?p=48"},"modified":"2008-04-23T11:29:54","modified_gmt":"2008-04-23T02:29:54","slug":"mainichi-oct-10-06-bbs-2-channels-nishimura-still-on-the-lam","status":"publish","type":"post","link":"https:\/\/www.debito.org\/?p=48","title":{"rendered":"Mainichi Oct 10 06: BBS 2-Channel&#8217;s Nishimura still on the lam"},"content":{"rendered":"<p>(Article courtesy M.  Update on 2-Channel lawsuit and Defendant Nishimura&#8217;s continuing lam.  More on this issue at https:\/\/www.debito.org\/2channelsojou.html  &#8211;Arudou Debito in Vancouver)<\/p>\n<p>Operator of notorious bulletin board lost in cyber space<br \/>\nMainichi Daily News, Oct 10, 2006<\/p>\n<p>http:\/\/mdn.mainichi-msn.co.jp\/waiwai\/news\/20061010p2g00m0dm020000c.html<\/p>\n<p>All sorts of mail is bulging out of the postbox, but the thick wads of legal<br \/>\nletters stand out. A peep inside through the windows of the Tokyo apartment<br \/>\nprovides no hint that anybody has lived inside for a while.<\/p>\n<p>It&#8217;s the home of Hiroyuki Nishimura, the 29-year-old webmaster of<br \/>\nNi-Chaneru, the huge bulletin board that is arguably the Japanese language<br \/>\nInternet&#8217;s most popular &#8212; and most notorious &#8212; site.<\/p>\n<p>Nishimura has been reported by Japan&#8217;s tabloid media as &#8220;missing&#8221; &#8212; with<br \/>\nthe strong implication that he&#8217;d run away from massive debts brought on by a<br \/>\nhuge number of lost lawsuits that he consistently refused to contest by<br \/>\nshowing up in court. But the women&#8217;s weekly says it has managed to track him<br \/>\ndown and find out about the rumors of his disappearance.<\/p>\n<p>&#8220;I&#8217;m just hanging out like I always do,&#8221; Nishimura tells AERA with a blog<br \/>\nposting that serves as answers to its e-mailed questions.<\/p>\n<p>Nishimura defends his decision not to contest the myriad of lawsuits filed<br \/>\nagainst Ni-Chaneru.<\/p>\n<p>&#8220;I&#8217;ve been sued in the north as far as Hokkaido and the south as far as<br \/>\nOkinawa. It&#8217;s simply not possible to attend every court case where I&#8217;ve been<br \/>\nnamed as a defendant. I figure if I can defend myself in every case, it&#8217;s<br \/>\nexactly the same as not turning up in my defense,&#8221; he tells the weekly<br \/>\nindirectly.<\/p>\n<p>[ED&#8217;S NOTE:  HUH??]<\/p>\n<p>Nishimura also strongly denies suggestions that he&#8217;s gone bankrupt, which<br \/>\nmany have speculated may be the main reason nobody seems able to find him<br \/>\nnow.<\/p>\n<p>&#8220;I have no idea what you&#8217;re talking about,&#8221; he writes when questioned about<br \/>\nhis financial state.<\/p>\n<p>AERA, however, begs to disagree. It says that Nishimura, as Ni-Chaneru&#8217;s<br \/>\nadministrator, was sued in May by a man claiming to have been defamed on the<br \/>\nbulletin board by postings listing his name and accusing him of molestation<br \/>\nand bankruptcy. The man was seeking to have Nishimura release details of<br \/>\nthose who had posted the messages on the site. Nishimura did not turn up in<br \/>\ncourt for the case, nor did he accept the injunction ordering him to make<br \/>\nthe information available.<\/p>\n<p>&#8220;I asked the court to impose a fine of 50,000 yen for every day he failed to<br \/>\ncomply and it did. He already owes more than 2 million yen,&#8221; the plaintiff<br \/>\ntells AERA. &#8220;Because he hasn&#8217;t paid that, I applied to have him declared<br \/>\nbankrupt.&#8221;<\/p>\n<p>Unlike companies, which are regularly shut down by creditors, it&#8217;s rare for<br \/>\na creditor to bring about an individual&#8217;s bankruptcy. But Nishimura now<br \/>\nfaces the prospect of a receiver being appointed to look into his financial<br \/>\naffairs and selling off whatever he has to repay what he owes, according to<br \/>\nthe weekly.<\/p>\n<p>The plaintiff took the drastic step because Ni-Chaneru has consistently<br \/>\nrefused to pay up when courts have declared it a loser in court cases. It<br \/>\nhas already been ordered to fork out more than 20 million yen over lost<br \/>\nlawsuits.<\/p>\n<p>&#8220;If they put the Ni-Chaneru domain up for auction, it&#8217;d reap tens of<br \/>\nmillions of yen for sure,&#8221; the man tells AERA. &#8220;There&#8217;s bound to be a<br \/>\ncompany out there that would buy it.&#8221;<\/p>\n<p>It&#8217;s still unsure whether the court will order a receiver be appointed to<br \/>\noversee Nishimura&#8217;s finances. Surely, he wouldn&#8217;t be able to ignore the<br \/>\ncourts again if that happened? Others who&#8217;ve won court cases against him<br \/>\naren&#8217;t so sure.<\/p>\n<p>&#8220;We tried everything from property seizures to forced execution of rulings,<br \/>\nbut we could get no more than 2 million yen,&#8221; says a spokesman from DHC, a<br \/>\ncosmetic company awarded 7 million yen in a court battle with Nishimura.<br \/>\n&#8220;We&#8217;d welcome the chance to get more if bankruptcy proceedings go ahead, but<br \/>\nhave our doubts about whether this will really happen.&#8221;<\/p>\n<p>A lawyer involved in a number of Ni-Chaneru-related lawsuits says that the<br \/>\ncurrent attack on Nishimura is nothing new.<\/p>\n<p>&#8220;People have suggested bankruptcy proceedings before,&#8221; the lawyer says. &#8220;The<br \/>\nissue revolves around whether the court will recognize him as bankrupt with<br \/>\ndebts of only a few million yen. It might be different if everybody who&#8217;s<br \/>\nwon court cases against him joined forces and fought together.&#8221;<\/p>\n<p>Even then it&#8217;s no certainty &#8212; Ni-Chaneru&#8217;s revenue is all controlled<br \/>\ncompletely by a separate advertising company, making the bulletin board&#8217;s<br \/>\naccounts something of a black hole.<\/p>\n<p>&#8220;If the receiver can get their hands on that,&#8221; the plaintiff tells AERA,<br \/>\n&#8220;everything will become totally clear.&#8221; (By Ryann Connell)<\/p>\n<p>October 10, 2006<\/p>\n<p>More on this issue at<br \/>\nhttps:\/\/www.debito.org\/2channelsojou.html<br \/>\nENDS<\/p>\n<p><!--3cdd4af924c5129b2e83ab30555eb814--><\/p>\n","protected":false},"excerpt":{"rendered":"<p>2-Channel&#8217;s Defendant Nishimura:  &#8220;I&#8217;ve been sued in the north as far as Hokkaido and the south as far as Okinawa. It&#8217;s simply not possible to attend every court case where I&#8217;ve been named as a defendant. I figure if I can defend myself in every case, it&#8217;s exactly the same as not turning up in my defense,&#8221; he tells the weekly indirectly. Nishimura also strongly denies suggestions that he&#8217;s gone bankrupt, which many have speculated may be the main reason nobody seems able to find him<br \/>\nnow.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21,15,13],"tags":[],"class_list":["post-48","post","type-post","status-publish","format-standard","hentry","category-21","category-lawsuits","category-media"],"_links":{"self":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts\/48","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=48"}],"version-history":[{"count":0,"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts\/48\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}