온라인서비스제공자(OSP)의 법적 의무와 책임: 개정 저작권법 중심

It has been long discussed that the online service providers(OSP)are entitled to specific legal duties and so they, as well as the infringers themselves, shall be entitled to legal responsibilities when violating the duties. The legal practitioners are also in the same position. However, under the prior legal framework the scope of indemnification of OSP was unclear. On the other hand, under the present copyright act amended to execute FTA, OSPs are classified by the type and the requirements for indemnification are enumerated. This is important in that OSP can operate their businesses without a risk by predicting their legal responsibilities and coping with the copyright infringement positively. However, because certain types of OSP are regulated separately and in the same manner as the prior copyright act,the same problem under prior law still remains. The lower court’s holding demanding the active filtering which results in blocking the indemnification by technical impossibility is questionable, and so the different interpretation by the Supreme Court is expected. In the online world, the power and influence of OSP are so huge that OSP are expected to voluntarily forge their own rules before the government intervenes.