온라인서비스제공자의 저작권 침해책임에 관한 한국에서의 입법 및 판례 분석

• 영문명: The analysis on legislation and cases in Korea about copyright infringement liability of online service providers
• 발행기관: 세창출판사
• 저자명: 박준석(Park Jun-seok)
• 간행물 정보: 『창작과 권리』2011년 여름호 (제63호), 106~133쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.06.01

영문 초록

The legal structure on the secondary liability of Online Service Provider is roughly divided into two parts, liability requirement and liability limitation requirement. The series of Sori-Bada cases had made it a firmly established theory that the clause 3 of article 760 of the Korean Civil Act, which provides the abettor or aider shall be considered as a joint tortfeasor, was the exact statutory ground for the secondary liability requirement of OSP. In granting injunctive relief for just a tort, Korean courts fill the logical gap by underlining specific policy reasons. It seems really interesting that Korean courts have adopted the 'aider' liability theory originally developed in online copyright infringement cases as the general principle about a service provider's secondary liability for all kinds of infringement on the internet. The notice and take-down scheme in the provisions for online service provider's liability limitation in the Korean Copyright Act were heavily affected by DMCA in the US. But the usual effect related to immunity is no more than discretional mitigation or exemption in Korea. The Korean Copyright Act amended in 2007 established peculiar articles related with OSPs' liability. First, the article 104 imposes the duty along with penalty upon a so-called specific type of OSPs whose main purpose is distribution of works by transmission, to accommodate technological measures for interrupting illegal distribution of copyrighted materials. Second, the article 133-2 gives the administrative authority the power to shut down an account of a continuous infringer and even the whole bulletin board which OSP provided the infringer with. These two articles will arguably render our internet industry sterile rather than stop online copyright infringement.

목차

Ⅰ. 서설

Ⅱ. 온라인서비스제공자의 책임성립

Ⅲ. 온라인서비스제공자의 책임제한

Ⅳ. 온라인서비스제공자의 책임을 가중하고 있는 규정들 등

Ⅴ. 결어

참고문헌

Abstract

키워드

온라인서비스제공자 인터넷서비스제공자 방조 책임 책임제한 간접 침해 미국 디지털 밀레니엄 저작권법 필터링 삼진아웃제 중국 저작권법 OSP ISP abettor or aider liability liability limitation indirect infringement DMCA filtering three strike out system china copyright law