인터넷 링크와 저작권 침해 책임

It is still unclear whether an internet link offerer may or may not be liable for copyright infringement. Recently, Korea’s Supreme court handed down a judgment that seemingly denied the possibility of indirect copyright infringement liability as well as direct one. This doubtful ruling made the author ponder on both issues of direct and indirect infringement liability of linkers. The review of overseas main cases revealed that the CJEU had made a salient decision that restrictively affirmed the possibility of direct infringement of the right to communication to the public while cases of USA, Japan and Korea denied the possibility on the ground of ‘server test’. Concerning indirect infringement liability of internet link providers, most of overseas main countries are affirming the possibility. It is argued that Korea’s Supreme Court should reexamine this issue, because affirming the link offerers’ indirect infringement liability under certain circumstances is required for harmonizing the freedom of link and the adequate protection of copyrighters especially when the court takes the position of 'server test'. Deeper study is needed on the issue whether or not we should restrictively affirm the possibility of direct infringement liability of linkers like the judgment of CJEU.