지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2002.12
- 수록면
- 283 - 304 (22page)
이용수
초록· 키워드
오류제보하기
In cyber-space, Copyright Law faced unexpected problems caused by new technologies. As the current system of copyright was established without considering new technologies, it cannot settle the problems only with the current system. P2P file-sharing technology is one of the representative examples involving the relationships between copyright and technologies.
P2P technology allows users to search, copy, transfer files that are stored on other’s hard drives to own the files in common. It helps to realize free distribution of information in cyber-space through the information decentralized system. At the same time, it makes users easily to infringe copyright of works and also makes difficult to protect copyright owner.
P2P technology can be developed in enormous area in near the future, for examples, it can provide the environment which enables limited community to share it’s files directly, combining with other technologies, it can be used in e-business, like shopping mall or internet auction. Besides it makes a contribution to realize sharing of information between netizens.
In the contrary, it has some dark sides. P2P service provides the environment which enables it’s users to transfer the files which are protected by the copyright without any permission. Moreover, through the development of circumventive technologies, it disturbs the current system of copyright. In the case of Napster, as the central server existed and it could control the users through the server, copyright owner can insist the responsibility of the service provider. But in the cases of Gnutella or Freenet, they don’t have any central server and information transfers are autonomous and anonymous. So copyright owner cannot find the target to ask the responsibility.
There can be several questions.
1. Current system of copyright law can be maintained under the P2P technologies? The current copyright law which makes most of users around the world the offenders must be examined in view of digitalized network to enhance the effect of copyright law.
2. The files-transfer between users under the P2p system can be considered as fair use so that they can be exempted from the charge of infringement of copyright? Under the constitution, copyright has been protected from other’s infringements giving the exclusive rights to copyright-holder. It is natural that this rule is applied equally to cyber-space and users have to accept the concepts of copyright under the constitution. However, there are some differences to exercise copyright law in cyber-space.
3. P2P service can be exempted from the responsibility of supporter because of it’s circumventive technology? Under current system, it needs to discuss in case by case. Most service providers adopting hybrid P2P technology cannot escape the responsibility of infringement of copyright as a supporters. But in the case of pure P2P service, there are not any legal, technological resolutions. Moreover this area will be expanded with the development of circumventive technologies.
Finally, the discussion of the infringement of copyright causing by P2P service should not be limited in legal, technologica1 aspects.
The legal system of copyright has to provide the reasonable standards of copyright in cyber-space, and copyright holders have to make their own protective methods. The most important thing to protect copyright is the change of market. The established market must try to be suited to new system of market in cyber-space.
“Make the content easier and cheaper to buy than to steal” gives us one of the resolutions in cyber-space market to protect both the sharing of information and the guarantee of copyright.
P2P technology allows users to search, copy, transfer files that are stored on other’s hard drives to own the files in common. It helps to realize free distribution of information in cyber-space through the information decentralized system. At the same time, it makes users easily to infringe copyright of works and also makes difficult to protect copyright owner.
P2P technology can be developed in enormous area in near the future, for examples, it can provide the environment which enables limited community to share it’s files directly, combining with other technologies, it can be used in e-business, like shopping mall or internet auction. Besides it makes a contribution to realize sharing of information between netizens.
In the contrary, it has some dark sides. P2P service provides the environment which enables it’s users to transfer the files which are protected by the copyright without any permission. Moreover, through the development of circumventive technologies, it disturbs the current system of copyright. In the case of Napster, as the central server existed and it could control the users through the server, copyright owner can insist the responsibility of the service provider. But in the cases of Gnutella or Freenet, they don’t have any central server and information transfers are autonomous and anonymous. So copyright owner cannot find the target to ask the responsibility.
There can be several questions.
1. Current system of copyright law can be maintained under the P2P technologies? The current copyright law which makes most of users around the world the offenders must be examined in view of digitalized network to enhance the effect of copyright law.
2. The files-transfer between users under the P2p system can be considered as fair use so that they can be exempted from the charge of infringement of copyright? Under the constitution, copyright has been protected from other’s infringements giving the exclusive rights to copyright-holder. It is natural that this rule is applied equally to cyber-space and users have to accept the concepts of copyright under the constitution. However, there are some differences to exercise copyright law in cyber-space.
3. P2P service can be exempted from the responsibility of supporter because of it’s circumventive technology? Under current system, it needs to discuss in case by case. Most service providers adopting hybrid P2P technology cannot escape the responsibility of infringement of copyright as a supporters. But in the case of pure P2P service, there are not any legal, technological resolutions. Moreover this area will be expanded with the development of circumventive technologies.
Finally, the discussion of the infringement of copyright causing by P2P service should not be limited in legal, technologica1 aspects.
The legal system of copyright has to provide the reasonable standards of copyright in cyber-space, and copyright holders have to make their own protective methods. The most important thing to protect copyright is the change of market. The established market must try to be suited to new system of market in cyber-space.
“Make the content easier and cheaper to buy than to steal” gives us one of the resolutions in cyber-space market to protect both the sharing of information and the guarantee of copyright.
목차
Ⅰ. 서론
Ⅱ. P2P
Ⅲ. 냅스터 사건(A & M Records, Inc. v. Napster Inc.)
Ⅳ. 우리나라 저작권법상 P2P서비스의 규제
Ⅴ. 결론 - P2P서비스에 대한 향후 대웅책
Abstract
참고문헌 (0)
참고문헌 신청함께 읽어보면 좋을 논문
논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!
-
교육정보화를 위한 저작권법의 과제 -미국, 일본, 독일 저작권법상의 교육관련 규정을 중심으로-
法學論文集
2009 .01
-
저작권의 침해 및 구제
경영법률
2007 .01
-
저작권침해의 구제에 관한 연구
법학연구
2005 .10
-
P2P 방식의 파일교환에 있어서 인터넷 서비스 제공자의 著作權 侵害 責任
인터넷전자상거래연구
2006 .12
-
중국시장에서 해외저작권자의 인터넷 저작권 침해 구제방안에 관한 연구
인터넷전자상거래연구
2007 .03
-
표현의 자유와 저작권
경영법률
2008 .01
-
인터넷上의 著作權保護 및 著作權法 제25조의 問題點
법학연구
2008 .02
-
전자출판 저작물의 적정보호 수준 : 법적, 경제학적 분석을 중심으로
한국언론학보
2000 .07
-
물권과 저작권의 공시제도에 관한 고찰
한양법학
2018 .02
-
일본판 공정이용조항의 도입 논의
경영법률
2011 .01
-
중ㆍ고등학교시험문제와 저작권
재산법연구
2007 .01
-
디지털 저작물의 저작권 집중관리제도에 관한 연구
정보관리학회지
1996 .01
-
지적재산권 강화경향과 정보공유와의 관계에 대한 고찰 : 헌법이념상 저작권개념을 중심으로
법학연구
2005 .12
-
고아 저작물과 저작권법의 목적 : 구글 도서 프로젝트에 대한 분석을 포함하여
중앙법학
2011 .03
-
著作權法硏究-컴퓨터프로그램 著作權을 中心으로
법학연구
2004 .12
이 논문의 저자 정보
이 논문과 함께 이용한 논문
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-ECN-0101-2009-360-019483914