불법 복제 방지를 위한 법적 접근 방안의 연구

Abstract

This paper deals with the prevention of illegal P2P file sharing. Recently there have been many cases on P2P file sharing around the world such as Napster and Grokster decsions in the US, Soribada cases in Korea, and Kazaa cases in Netherlands and Australia. In civil cases, courts tend to hold the centralized server operators and distributors of P2P file-sharing software liable for infringement of copyright. In Korea, however, the appellate court held that the operator of centralized server is not criminally liable for infringement. To the contrary, the Taiwanese district court held that the operator is criminally liable for infringement. This paper examines the bill recently drafted to deal with the P2P file sharing problems. Given that there are few methods to effectively to prevent copyright infringement through P2P file sharing, this paper argues the proposed bill on filtering is an appropriate approach toward solving the problems. And this paper suggests that the Minister of Ministry of Culture and Tourism order the online service providers to delete the infringing materials uploaded on the OSP servers to the limited extent that there is no appropriate method available. Finally, this paper suggests that the prosecutor may bring criminal litigations without complaint from the copyright owners only when copyright is infringed for profit and copyright infringement is related to the infringement of public good.