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학술논문아주법학2010.06 발행KCI 피인용 1

웹스토리지 서비스제공자의 민∙형사상의 책임에 관한 연구

The liability of the Webstorage service provider

강헌(아주대학교)

4권 1호, 7~28쪽

초록

If an Internet-user reproduces and distributes the author’s works by Webstorage service without his admission, he trespasses the author’s right. And the author can claim the injunction and the damages against the Internet-user. But It is impossible in reality. So it is not the Internet-user but the Webstorage service provider that the author claims against. The Webstorage service provider assumes an liability on the infringement on the author’s right. Because the Webstorage service provider does not reproduce and distribute the author’s works directly but help Internet-user’s infringement on the author’s right. If the Webstorage service provider assumes an liability, the author’s right can be protected, but Internet-users are difficult to use the digitl works on the Internet. So the range of the Webstorage service provider’s liability is very important. This article was focused on the problem.

Abstract

If an Internet-user reproduces and distributes the author’s works by Webstorage service without his admission, he trespasses the author’s right. And the author can claim the injunction and the damages against the Internet-user. But It is impossible in reality. So it is not the Internet-user but the Webstorage service provider that the author claims against. The Webstorage service provider assumes an liability on the infringement on the author’s right. Because the Webstorage service provider does not reproduce and distribute the author’s works directly but help Internet-user’s infringement on the author’s right. If the Webstorage service provider assumes an liability, the author’s right can be protected, but Internet-users are difficult to use the digitl works on the Internet. So the range of the Webstorage service provider’s liability is very important. This article was focused on the problem.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.21589/ajlaw.2010.4.1.7
분류:
법학

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웹스토리지 서비스제공자의 민∙형사상의 책임에 관한 연구 | 아주법학 2010 | AskLaw | 애스크로 AI