인터넷조약상 공중이용제공권 침해사례 분석 - 각 국 법원 판결의 비교를 중심으로 -

The right of making available to the public under the WIPO Internet Treaties (the WCT and the WPPT) (hereinafter “the Right”) governs acts of making copyrighted works and objects of related rights (i.e., performances fixed in phonograms and phonograms) available to internet users such as uploading of such contents. Because the Right regulates an act that can affect multiple countries (or the entire world) at the same time, it would be desirable for every country to keep uniformity in legislation on the Right and its enforcement. However, such uniformity seems to be a distant goal given the differences that exist in the Right between the different types of legislation and the challenges posed by new technologies that constantly emerge. Although a uniform (or harmonized) domestic legislation would be helpful for a consistent interpretation of the Right in (transnational) disputes, legislation alone is not likely to solve all the problems. The Right, as provided within the WIPO Internet Treaties, was described in a technology-neutral way to allow for the evolution of technology, despite the Right being closely linked to technology. Thus, when a new means of making content available to the public emerges alongside a new technology, whether an act using the means falls within the scope of the Right often depends on the interpretation of both scholars and judges. As a result, it is necessary to understand legislations in each country and scholarly discussions on the Right at the supranational level. In addition, both a thorough understanding of new technologies and a comparative study of scholarly discussions and judgments of the courts in each country, regarding such technologies, are called for.