컴퓨터 프로그램 보호와 저작권남용 - 미국판례의 전개를 중심으로 -

Regarding the protection of computer software industry, legal framework in Korea and US resemble each other very closely. From this point on, US judicial precedents can be referenced without having not much modification for Korean context. Software itself, even though protected by copyright same as poems, songs and lyrics, works slightly different in the process of being innovated and diffused for the benefit of the other members of the society. Both of them are innovated in a cumulative way, but in the case of software, that is Computer Program, the cumulative feature looks more clear. Computer Program, different from the traditional copyright subject matters, bears lock-in effect and network effect which can be used as a tool for market foreclosure preventing any entrants coming into the marketplace. Due to this reason, copyright misuse doctrine in dealing with the computer program has to be caliberated with the cases connected with the traditional copyright subject matters. Thinking of the first US appellate court's case adopting copyright misuse doctrine, Lasercomb case, was actually computer program related one which is not a unexpected and curious happening. In Korea, re computer program more vigilant monitoring has to be made remembering the nature of computer program. In applying copyright misuse doctrine to computer program related cases, antitrust rules and judicial precedents will be utilized for regulating them.