컴퓨터프로그램보호법상의 기술적 보호조치의 무력화에 대한 형사책임

• 영문명: Criminal Liability for Circumvention against Technological Protection Measures
• 발행기관: 한국형사법학회
• 저자명: 최호진(Choi, Ho-Jin)
• 간행물 정보: 『형사법연구』형사법연구 제20권 제4호, 403~426쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.01.27

영문 초록

The requirement for anti-circumvention laws was globalised in 1996 with the creation of the WIPO Copyright Treaty. In Korea, the Copyright Act and Computer Program Protection Act implemented the treaty provisions regarding the circumvention of some technological barriers to copying intellectual property. The Prohibition of circumvention on technical measures which effectively controls access to copyrighted works has enacted in various countries. Copyright system in Korea has the provisions to protect technical measures attached digital information. Thus, if there is some “technological measure that effectively controls access to a work”, it is illegal to circumvent that measure. While the conduct to circumvention a technical measures for oneself is prohibited by Computer Program Protection Act in Korea, Copyright Act in Korea has no provision to prohibition of this conduct. In this case 2004do2743, the High Court found that the use of mod chips into Playstation game consoles for the sole purpose of circumventing a coding protection system designed to prevent unauthorised games from being played was illgal. However Access code was not a “technological protection measure” because it did not prevent or inhibit the making of an illegal copy of a game. Access code only prevented the playing of the illegal game. The Boot rom and access code were not designed to prevent the infringement of copyright in the computer game. Finally, a copy protection technical measures can be protected by law but an access protection technical measures can't be protected. The conduction to circumvention on a access protection technical measures and on a copy protection technical measures for oneself are regally permitted. If not, there is a copyright holder-oriented interpretation about Copyright Act.

목차

【대상판례】

【평 석】

Ⅰ. 문제제기

Ⅱ. 기술적 보호조치의 유형

Ⅲ. 기술적 보호조치 무력화 금지에 대한 국내외 입법례

Ⅳ. 기술적 보호조치 무력화 금지조항의 문제점

Ⅴ. 평석

키워드

기술적 보호조치 컴퓨터프로그램 저작권 디지털 저작권관리 무력화장치 모드칩 엑세스 코드 technological protection measures Computer program circumvention device PS2 Access Code Mod chip Digital right management