특수한 유형의 OSP와 기술적 보호조치
Webhard Registration System and the Technological Measures
김경숙(상명대학교)
35호, 363~398쪽
초록
The revised "Telecommunications Business Act" introduced the Webhard(=Web Storage) Registration System in an effort to eradicate the illegal content and pornography distribution, and to foster a healthy market environment through continuous monitoring. Up to now, on the ground of copyright law the regulation of Webhard is the way to take measure after copyright infringements happen. Also because it takes a certain amount of time to monitor and respond to copyright infringement, effective response has had difficulty. Accordingly, the Webhard Registration System will be enforced as the legal system for improvement of the effective measure. First of all, the technological measure is the most important to make the Webhard Registration more effective. However, it is controversial what kind of technological measure will be an appropriate measure for implementation of section 104. Section 104 provides that the special type of OSP shall take necessary measures such as technological measures for intercepting illegal interactive transmission of works, etc. upon the requests of rights holders. Here it is controversial whether the technological measure of section 104 refers to ‘passive filtering’ because the technology is interpreted to be taken "upon the requests of rights holders". The copyright holders are worried about that if the technological measures of section 104 are interpreted as passive filtering, it would be so hard to expect the effectiveness even after the Webhard Registration will be enforced. In particular, the copyright holders consider that Webhard is managed to achieve the direct and indirect revenues through sharing of illegal files, and then copyright infringement is inherent in Webhard. Accordingly, the copyright holders desire for active filtering as the technological measure which allows only licensed files to share. The effective technological measures for the effectiveness of Webhard Registration can be derived from the interpretation of the scope of technological measures referred to by section 104.
Abstract
The revised "Telecommunications Business Act" introduced the Webhard(=Web Storage) Registration System in an effort to eradicate the illegal content and pornography distribution, and to foster a healthy market environment through continuous monitoring. Up to now, on the ground of copyright law the regulation of Webhard is the way to take measure after copyright infringements happen. Also because it takes a certain amount of time to monitor and respond to copyright infringement, effective response has had difficulty. Accordingly, the Webhard Registration System will be enforced as the legal system for improvement of the effective measure. First of all, the technological measure is the most important to make the Webhard Registration more effective. However, it is controversial what kind of technological measure will be an appropriate measure for implementation of section 104. Section 104 provides that the special type of OSP shall take necessary measures such as technological measures for intercepting illegal interactive transmission of works, etc. upon the requests of rights holders. Here it is controversial whether the technological measure of section 104 refers to ‘passive filtering’ because the technology is interpreted to be taken "upon the requests of rights holders". The copyright holders are worried about that if the technological measures of section 104 are interpreted as passive filtering, it would be so hard to expect the effectiveness even after the Webhard Registration will be enforced. In particular, the copyright holders consider that Webhard is managed to achieve the direct and indirect revenues through sharing of illegal files, and then copyright infringement is inherent in Webhard. Accordingly, the copyright holders desire for active filtering as the technological measure which allows only licensed files to share. The effective technological measures for the effectiveness of Webhard Registration can be derived from the interpretation of the scope of technological measures referred to by section 104.
- 발행기관:
- 한국지식재산학회
- 분류:
- 법학