소리바다 항소심판결에 관한 연구

• 영문명: A Study on the Soribada Appellate Cases
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 이훈종(Hun-Jong Lee)
• 간행물 정보: 『비교사법』비교사법 제12권 3호, 93~119쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.09.01

영문 초록

Appellate courts in Korea found that Soribada users were engaged in direct copyright infringement. In civil cases, the High Court found that Soribada was engaged in copyright infringement. But in a criminal case, the appellate panel of the District Court found that Soribada was not. In this article, I inquire into the question of liability of Soribada. I study Cheongdogun case in Korea, Napster case and Grokster case in United States. Though I analyse the cases, it is uncertain whether Soribada was engaged in indirect copyright infringement. And I study 5 surveys of the economic effect of file sharing on record sales. According to the 2 surveys, file sharing has reduced aggregate sales. But According to the 3 surveys, the sharing has not reduced the sales. As a result, it is not obvious that the sharing has reduced the sales. Copyright holders and online service providers are equal in preventing direct copyright infringement by users. I think that Soribada's duty to remove material from a server is triggered upon notice by copyright holders.

목차

Ⅰ. 서론

Ⅱ. 소리바다 사건에 관한 항소심판결

Ⅲ. 검토

Ⅳ. 결론

[참고문헌]

【ABSTRACT】