사이버소유권에 관한 연구
A Study on the Property in Cyberspace
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Abstract
The thought regarded cyberspace as a regional place is overspread these days. According to this trend, it appears the legal system on the real space has been applied to cyberspace analogically. Trespass to chattels in America is the representative legal theory for this. This theory was a type of the law of tort which had been applied to the property of real estate. But an inviolability which had been for real estate has become to be applied to cyberspace, as the applying extension of cyberspace has been expanded, and the point on real estate itself constantly has been disappeared. This has produced the result that is regarded the website in cyberspace as the object of possession, which has been issued for giving the right of property in cyberspace. In this article, the changing process of American case and criticism on Trespass to chattels was considered. Redemption for the right of material and the possibility of applying for the law of illegal behavior, was considered on this basis. Finally, the arrangement for the concept of property in cyberspace as an alternative right which could be applied for cyberspace was tried.
참고문헌 (24)
- "소유권과 환경보호 민법 제217조의 의미와 기능에 대한 검토를 중심으로 人權과 正義", (276) (1999)
- "Trespass to chattels" (2004)
- "사이버공간상의 불법행위에 대한 법적 책임", 9(3) (2002)
- "스팸메일에 대한 민사법적 대응방안", 6 (2003)
- "The Law of Property"
- "Dan B." (2000), The Law of Torts
- "Prosser & Keeton on The Law of Torts"
- "An Analysis of Spider Activity on the Internet", pp.148~52 (2001)
- "Solving New Problems With Old Solutions" (2000)
- "The Trouble with Trespass" (2000)
- "Muddy Rules for Cyberspace", 121 (1999)
- "One View of the Cathedral", l. re 1089 (1972)
- "Toward a Theory of Property Rights", pp.57~ (1967)
- "Property in Land" (1993)
- "Cybertrespass" (2003)
- "The Ancient Doctrine of Trespass to Web Sites Journal of Online Law" (1996)
- "Property (and Copyright) in Cyberspace" (1996), in Cyberspace
- "Cyberspace as Place and the Tragedy of the Digital Anticommons" (2003)
- "The Law and Economics of Internet Norms", 1257 (1998)
- "Brief of Amici Curiae in Bidder's Edge", inc (2000), Inc v. eBay
- "Brief of Amici Curiae in Intel Corporation v. Kourosh Kenneth Hamidi" (2002)
- "Trespass to Chattels in the Age of the Internet" (2002)
- O'Rourke, "Property Rights and Competition on the Internet In Search of an Appropriate Analogy" (2001)
- "The Continuing Expansion of Cyberspace Trespass to Chattels" (2002)