P2P 서비스와 인터넷서비스제공자의 책임 및 제한 - EU, 특히 독일을 중심으로 -

• 영문명: P2P Service & Liability of Internet Intermediaries
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김병일(Byungil Kim) 김성원(Sungwon Kim)
• 간행물 정보: 『비교사법』비교사법 제12권 4호, 593~624쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.12.01

영문 초록

The recent Grokster case appears part of a new trend on the behalf of copyright owners to take legal action against intermediaries. There is a risk that ISPs in EU co uld find themselves liable for copyright infringements committed by their users on peer -to-peer (P2P) file sharing networks? End-users will have primary liability for their infringing activities and In many cases, this may even be so serious as to lead to criminal liability notwithstanding that it is not done for profit. The position of P2P software or service providers, such as Napster and now Kazaa, will depend on the extent of their ability to monitor and control endusers’ activities, and on whether or not they can be said to be “authorising” infringe ment. ISPs however, are in a considerably stronger position. In fact, many cases offers reassurance to them because it confirms that there is no primary liability for infringe ment on a party, such as an ISP, who has no ability to control the infringing action. More significantly, the “mere conduit” defence set out in the E-Commerce Regulations should exempt an ISP from liability in respect of transmissions of infringing copies, or in respect of the act of giving access to a network on which such copies are available. This is in contrast to the U.S. position where no such broad defence exists. Germany is the first State to have adopted a statute regulating the liability of online intermediaries. The federal state enacted the Teleservices Act/Teledienstgesetz(TDG) ba sed on it's legislative competence to regulate telecommunications and economicss, which entered into force in August 1997. On December 21st, 2001, the TDG was amen ded to implement the ECommerce Directive. This article has focused on four important constellations of liability - liability for own content or content adopted as one's own, liability for the deliberate distribution of forei gn contents and liability for merely technical distribution - through typical forms of in formation location tools. This study aims to offer a better understanding of the legal issues related to the liability of online intermediaries in Germany.

목차

Ⅰ. 서언

Ⅱ. 간접침해

Ⅲ. 인터넷서비스제공자의 책임 및 그 제한

[참고문헌]

【ABSTRACT】