N스크린 서비스의 저작권법적 고찰

Abstract

The “N Screen” service is regarded as a new technology that provides convenience and functionality to people living in the age of the information society, while enabling service providers in the related industry to overcome the stagnation currently afflicting the IT industry. This service has been made possible by the release of high-performance devices such as the smart-phone and smart TV, the rapid expansion of the contents market, and the development of cloud computing technology. However, the appearance of these new technologies and services in the broadcasting and communication convergence area has also engendered a number of new legal issues. Several legal issues can be assumed by service providers when providing the “N Screen” service, of which the illegal contents download and network neutrality issues have been actively discussed in this country. In addition, other copyright issues are likely to be raised, as more and more copyright holders try to exercise their right over the individual terminal, rather than the platform, as the use of terminals increases. Previously, rights and responsibilities were created and abolished for each platform, regarding the distribution right of contents or the simultaneous relay broadcasting right. In light of these circumstances, this paper reviews the issues related to the copyright on digital contents only, with the focus on judicial precedents. The main topic of this paper lies in discussing whether the existing framework, which determines copyright violation based on the platform or network, should be changed to one that is based on the individual device, as the new service called “N Screen” makes its presence felt. In addition, the user type of the “N Screen” service (personal user or service provider) seems to affect the user’s judgment with regard to copyright violation. Furthermore, some issues which have a tremendous impact on the dynamics of the market, such as network neutrality, must be considered properly if a reasonable conclusion is to be drawn. The “N Screen” service, which belongs to the technical and business area, is generating new problems for the legal area in that the topics discussed above should be taken into account comprehensively.