사이버 사물함 서비스 제공자의 미국 저작권법 상 직접 침해 책임 고찰‐— 카툰 네트워크 판례의 의지적 행위 요건을 중심으로 —

While Korean courts have applied accomplice liability for the online service providers (“OSP”) in case of the users’ direct infringement of copyrights, American federal courts have held that not only the users but also the OSPs shall be directly liable for the users’ infringement of copyrights. This general principle equally applies to the liability of the cyber locker service companies in America. This article analyzes whether the volition element is necessary for the cyber locker service companies in America to become liable for direct infringement of copyrights. Further, this article analyzes in what context the locker services are considered to have taken a volitional conduct, and what are the trend of the federal courts in applying the volition element. Even if the volitional element was first mentioned in Netcom case, most federal courts have cited the volition doctrine of Cartoon Network case. Thus, this article has focused on the volition doctrine of Cartoon Network case, and discussed the implication of the case upon the subsequent cases such as Megaupload and Hotfile cases. As the technology of an automatic system software in the internet field fast evolves, the volition standard which was to protect the online service providers from the direct liability for copyright infringement needs reconsideration in order to balance the interest of the online service providers and that of the copyright holders.