디지털콘텐츠서비스 移用契約에 수반되는 法的問題

• 영문명: A Study on Som Legal Issues of Digital Contents License Agreements
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 구재군
• 간행물 정보: 『비교사법』비교사법 제10권 3호, 215~245쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.09.01

영문 초록

A digital contents license agreement is not included in the typical contract ruled by the Korean civil law or commercial law. There have been some studies on the legal issues of digital contents conducted by legal scholars. However those studies are generally concentrated on the matter connected with a consumer protection. This treatise deals with legal relation between the digital contents licensor and the consumer(user) mainly. In this treatise I would like to advance a theory to regulate legal problems rationally arising from digital contents license agreements. This treatise deals with the legal nature of a digital contents license agreement, the formation of the digital contents license agreement and the legal relation between the digital contents licensor and the consumer after one makes a contract with the other. A digital contents licensor has a right to replace the services chosen by consumer with other things and to add or discontinue services in particular cases. A digital contents licensor is liable to supply services for the consumer according to the contract, and is liable to let the digital contents user know the circumstances of utilization. In case services have a defect, the consumer can call for terminating the digital contents license agreement, or can claim damages. A digital contents licensor is liable to protect the personal information of consumers. The consumer should pay a charge for the services used by himself. The consumer should not infringe the copyright of the digital contents.

목차

1. 머리말

2. 법적성질

3. 성립상의 문제점

4. 효력상의 문제점

5. 종료상의 문제점

6. 맺음말

참고문헌

ABSTRACT