P2P방식에 의한 음악저작권침해에 대한 인테넷서비스제공자의 책임

• 영문명: ISP's Liability for Copyright Infringement through Peer-to-Peer Network in the Music Industry
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 이훈종(Hun-Jong Lee)
• 간행물 정보: 『비교사법』비교사법 제10권 4호, 423~447쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.12.01

영문 초록

A peer-to-peer network, or file sharing system, allots each individual computer equivalent capabilities and responsibilities by maintaining both distribution functions and receiving functions. A P2P system provides a revolutionary means for copyright infringers to achieve their tasks. In A&M Records v. Napster, Inc., the United States Court of Appeals for the Ninth Circuit set forth an in-depth analysis of Napster's liability. The panel upheld the district court's conclusion that Napster may be secondarily liable for direct copyright infringement by Napster users. Napster's system is a centralized P2P network. But decentralized P2P networks do not require the use of a central server. Without a central server, decentralized P2Ps have no means to block infringing activities from users. In MGM v. Grokster, Inc., the United States District Court found that decentralized P2P networks are not to be held liable under the precedent established by the Napster case. Absent evidence of active and substantial contribution to the infringement, defendants cannot be liable. Defendants provide software that communicates across networks that are entirely out of control. In this case, the networks are not controlled by defendants. Soribada's system is a centralized P2P network. The District Court found Soribada was engaged in contributory infringement because Soribada had knowledge of its users' infringing activity, and materially contributed to the infringing activity.

목차

Ⅰ. 서론

Ⅱ. 하이브리드형 P2P

Ⅲ. 순수형 P2P

Ⅳ. 결론

참고문헌

[ABSTRACT]