디지털콘텐츠 동일성유지권과 이용자 보호와의 상충 - 서울고등법원 2008. 9. 23, 판결 2007나70720을 중심으로 -
The Proper Direction for the OSP’s Liability Rule in Korea Conflict between Right to Maintain the Identity of the Contents and Digital Content User Protection Guideline
오병철(연세대학교)
44권 2호, 99~117쪽
초록
The court recently decided that sampling for contract to download the music infringes on right of to maintain the identity of the contents. It seems to be a strict application for protection of copyright. However ‘Digital content user protection guideline’ imposes a duty on a contents provider to service a sampling for user to determine on entering into a contract. If he obeys the duty to service a sampling, he will infringe on right of to maintain the identity of the contents. On the contrary if he keeps a copyright, he will breach the legal guideline. It is a contradiction or conflict of duties. Therefore it is admitted a lawful performance of a duty that a contents provider makes a sampling for user protection under applicable guideline.
Abstract
The court recently decided that sampling for contract to download the music infringes on right of to maintain the identity of the contents. It seems to be a strict application for protection of copyright. However ‘Digital content user protection guideline’ imposes a duty on a contents provider to service a sampling for user to determine on entering into a contract. If he obeys the duty to service a sampling, he will infringe on right of to maintain the identity of the contents. On the contrary if he keeps a copyright, he will breach the legal guideline. It is a contradiction or conflict of duties. Therefore it is admitted a lawful performance of a duty that a contents provider makes a sampling for user protection under applicable guideline.
- 발행기관:
- 법학연구소
- 분류:
- 비교법학