소프트웨어 유사도 감정에 관한 연구

• 영문명: A study on software similarity appraisal system
• 발행기관: 충북대학교 법학연구소
• 저자명: 이철남(Lee, Chul Nam)
• 간행물 정보: 『과학기술과 법』제9권 제2호, 29~48쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.12.30

영문 초록

In computer program copyright infringement cases, whether there is substantial similarity is a key issue in judging infringement. Because computer programs, especially source code, are difficult for the general public to understand, there are many cases where copyright appraisal procedure is used in litigation practice. Our copyright law, apart from the appraisal system under the General Civil and Criminal Proceedings Act, provides an appraisal system to support the judgment of the courts and investigation agencies in relation to copyright infringement. Since 2001, the Copyright Commission has started an appraisal system for software, and it is carrying out appraisal of similarity, completeness, and development cost. Analyzing 34 computer program similarity reports and 34 court judgments conducted between 2008 and 2015, it appears that the court is accepting the reports of the Copyright Commission to a great extent and is rejecting the conclusion only in exceptional cases. In this regard, the current appraisal system under the Copyright Act can be evaluated as successful to some extent. However, for more successful appraisal system, it is necessary to revitalize the joint appraisal of software experts and copyright law experts. It is necessary to clarify the criteria for the scope of protection of computer program works and to improve the similarity criterion.

목차

Ⅰ. 서론

Ⅱ. 사건의 유형 및 비교 대상

Ⅲ. 주요 쟁점의 검토

Ⅳ. 결론

키워드

저작권 컴퓨터프로그램저작물 실질적 유사성 감정 오픈소스 소프트웨어 copyright computer program work substantial similarity appraisal open source software