온라인서비스제공자책임에 관한 연구

• 영문명: A Study on the Liability of Online Service Provider
• 발행기관: 세창출판사
• 저자명: 박태일(Tae-Il Park)
• 간행물 정보: 『창작과 권리』2006년 가을호 (제44호), 45~90쪽, 전체 45쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.09.01

영문 초록

The combination of the Internet and digital technology makes it possible to make an unlimited number of perfect copies of music, books, or videos in digital form. Additionally, through the Internet individuals may distribute those digital works around the world at the speed of light. As demonstrated by Soribada, the peer-to-peer(P2P) music-sharing network, this combination makes it possible for users to share music and other works without paying for them-thus depriving copyright holders of revenue that they might otherwise have received if individuals purchased those works in tangible form. Therefore, the owner of copyright have the possibility of infringement of copyright has been increased by far. In this regard, it is necessary to impose a liability on online service provider. Online service provider means one who provides the services to make other persons capable of reproducing or transmitting the works, stage performances, phonograms, broadcasting or database through the information and communications networks. The court of the U.S.A. have formed an opinion about the liability of online service provider through the theory of direct liability, contributory liability and vicarious liability. However, through the Civil Code and Copyright Act of Korea, the responsibility of online service provider should be concluded by the theory of the joint tortfeasor. Although the legal system of the Korea is different from that of the U.S.A., the theory of contributory liability and vicarious liability can contribute to arrange the cases of the Korea amicably. Specifically, the required conditions of contributory liability(① know or should have known; actual knowledge or constructive knowledge, ② induces, causes or materially contributes to the infringing conduct of another) can be applied as important features to the cases of the Korea. In addition, the requisites for vicarious liability(① right and ability to control/supervise the infringing conduct, ② financial benefit from the infringement) can affect the conclusion of the court of the Korea. By investigating the cases of the Korea about the liability of online service provider and the theory of contributory liability and vicarious liability, this article argues that the court of the Korea can apply the theory of contributory liability and vicarious liability to the cases including the question about the liability of online service provider for the third party's tort.

목차

Ⅰ. 서설

Ⅱ. 온라인서비스제공자의 책임에 관한 미국 판례이론

Ⅲ. 우리 법제에 따른 책임 인정요건과 미국 판례이론의 적용

Ⅳ. 우리나라의 사례 검토

Ⅴ. 결어

Abstract

키워드

Online Service Provider Direct Liability Contributory Liability Vicarious Liability Third-party Liability Tort Law Soribada P2P