메타버스 플랫폼 사업자의 OSP 책임에 관한 소고 — Web 3.0 시대 UGC의 특성을 기반으로 한 판단기준의 검토 —

Recently, Metaverse and NFT (Non-Fungible Token) platforms are rapidly emerging as new User Generated Content (UGC)-based platforms. While traditional UGC production was largely motivated to enjoy leisure or entertainment, creative activities as active producers are more prominent in the Web 3.0 era. In particular, it is remarkable that it is possible to use its own currency or virtual assets as a means of transaction or to take ownership of UGC assets in a decentralized manner through NFT, a type of digital asset. In this study, the key issues were whether the structure and characteristics of the creative system pursued by Web 3.0 were actually changing the pattern of infringement of works and the need to change the existing online service provider(OSP) responsibility theory to revitalize the UGC platform. It was legally evaluated whether the platform service provider was indirectly responsible for copyright infringement within the platform and, if so, what reasons for limiting liability could be recognized. It is necessary to develop the online service provider responsibility theory considering the specificity of the UGC-based Metaverse platform. Otherwise, it may not properly represent the ideal of the Metaverse space, which aims for maximum freedom and maximum benefit, and may be a great constraint on the growth of platform services. In the metaverse platform, OSP does not directly produce or provide content, but only supports production or is actively involved in sales to earn profits such as fees, so it is responsible for indirect infringement as a liability for assistance. At this time, the OSP is obligated to remove the infringement result when it becomes aware of the infringement by the notice of infringement by the copyright holder, etc. pursuant to Article 103 of the Copyright Act. However, since OSP does not have a general monitoring obligation or an active filtering obligation, it is necessary to specifically determine whether or not the duty of care is violated based on 'recognisability' and 'avoidability' for copyright infringement usually occurring within the platform. The issue of online service providers' responsibility for copyright infringement is feared to dampen the industrial development of Metaverse platform services and active creative activities. Therefore, it is reasonable to evaluate these problems differently depending on the implementation method of the specific business model and various circumstances. It is necessary to consider an appropriate harmonization plan between the growth of the Metaverse industry and the legal responsibility of the platform to prevent the production and distribution of copyright infringement.