사이버엔터테인먼트의 법적 문제

in recent years, entertainment industry has grown up sharply, which significantly affects our daily life. it was expedited by the rapid growth of cyber entertainment. Cyber entertainment means entertainment in cyberspace provided by online media, i.e. mp3, VOD, and online computer games. iPTV and internet mobile phone are expected to replace the traditional entertainment media such as TV, CD, DVD, and to evolve continuously. Virtual life entertainment like Second Life leads us to a new world. Cyber entertainment has certain characteristics which are much different from the traditional entertainment. The Recipients of cyber entertainment service may enjoy it personally without going out to public places like a movie theater or playground. They can participate in production, modification, and development of the contents of the cyber entertainment through UCC, computer games, Second Life, and even replies. The Recipients can easily shift the time and place of the cyber entertainment and enjoy the contents as many times as they wish. They have a plenty of choices in media to access contents of cyber entertainments. Since there is no border in cyberspace, cyber entertainment service can be provided transnationally. Cyber entertainment presents almost real and pleasant experience to the Recipients, who are in many instances devoted thereto, if not addicted. The contents of cyber entertainment are more than occasionally obscene, violent, or gambling-oriented. Minors are exposed to search undesirable indecency. Cyber entertainment service using computer network is vulnerable to leakage of personal information. The contents of cyber entertainment, from time to time, contain the materials that infringe copyright. Due to the above characteristics of cyber entertainment, the legal principles developed for traditional entertainment are not adequate for cyber entertainment. The authors will examine the traditional legal principle and how they can be modified, if not totally replaced by the new legal principles. This paper will review the issues of ownership in virtual property such as UCC, avatar, and those created in Second Life. The role of Online Service Providers (OSPs) is critical in cyber entertainment. OSPs create and control cyber world. So to speak, it is a patriarchy in cyberspace. The authors argue that this OSPs’ role of paternity should be well-recognized and refined. They create the systems and establish the rule of cyberspace. The OSPs are required to take more responsibility in protecting their customers and preventing them from illegalities. They should take measures against obscenity, violence, defamation, and infringement of prⅳacy or intellectual property. This paper will further discuss rights and obligation of the parties to cyber entertainment, mainly the OSPs and the Recipients. Due to the increasing importance of cyber entertainment to the indⅳidual Recipient, his interests and rights should be well respected and secured. The terms and conditions of the service must be fair and equitable for both parties. The authors will deal with other residual legal issues in cyber entertainment that has cast enormous impacts on our society already.