온라인콘텐츠거래의 새로운 법적 전개

In recent years, rapid growth of digital contents industry was expedited by the digitalization of content and the explosive growth of digital media, the Internet, wireless systems, and mobile handheld devices. Digital contents transactions have certain characteristics which are much different from the traditional goods transactions. Online transactions and mobile contents transactions are becoming more common. The contracts for digital contents transactions are mostly contracts of adhesion. Also, a unit of digital contents transaction becomes based on computer-file rather than Disc and distribution of digital contents on line has caused increase of copyright licenses. Since there is no border in cyberspace, digital contents transactions are inherently transnational. Due to the above characteristics of digital contents transactions, it is difficult that theory for past off-line license contracts and for the simple online access transactions can apply to an online license transactions, which are increasing rapidly. Therefore, this article purposes to review new legal developments and the issues of online contents transactions, focusing at online contents license transactions. This article deals with legal issues in digital contents transactions mainly focusing on the important rights and duties between the parties to the digital contents license transactions. Through this, it is hoped that excessive protection of digital contents can be prevented and will also promote use and distribution of contents for the better development of the digital information industry. First of all, for understanding of online contents transactions, definition and characteristics of contents transactions will be reviewed(II). Then, changes in common contents license transactions and legal implications thereof will be discussed(III) and changes and legal problems in online contents license transaction will be reviewed(IV). Furthermore this article will discuss new developments in rights and duties of the parties in digital contents license transactions(V) and regulations of unfair online contents license transactions(VI). Finally, as international transactions of digital contents are increasing, this article will discuss with the needs for international norms therefor, jurisdiction for international digital contents disputes and governing law thereof including their implications of international taxation(VII).