저작권 남용에 관한 미국 연방항소법원의 ‘Lasercomb 사건’의 의미와 한계

This article points out that, though U.S. copyright law grants stronger copyright protection than Korea Copyright Act, it seems that the former is more balanced between the protection and the use of copyright. It is because, in the U.S., uncodified copyright defenses, such as misuse, laches, estoppel, are actually used and granted in the courts, while such defenses are not being utilized in copyright litigation in Korea. After introducing Lasercomb case, this article concludes the followings. First, copyright misuse means the right holder used her right against the public policy underlying copyright protection. In the Lasercomb case, the plaintiff tried to use his copyright to control unprotected part of his software, as well as the protected part. Second, the antitrust violation is different from copyright misuse in its purpose and public policy so that the two doctrines should be developed in different directions. Third, patent and copyright laws are also different in their underlying public policies so that copyright misuse doctrine should be developed differently from that of patent law.