• Title/Summary/Keyword: Infringement of Copyright

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A Study on Infringement Cases of Software Copyright and the Dispute Settlement (소프트웨어 저작권 침해사례와 분쟁해결에 관한 연구)

  • 장병윤
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.547-584
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    • 2004
  • Information technology(IT) is changing rapidly based on growth of internet and computer businesses. Therefore, computer programs and softwares are distributed to computer users promptly for their productivity increase and efficient work. So, in the distribution, the softwares will be copied or released through network or other methods which are not authorized by the program owners. In that case, copyright dispute is incurred and various issues are come out due to infringement of the software copyright. Thus, the purpose of this study is to research infringement cases of the software copyright and how to settle the dispute which is related with software programs. To achieve the purpose of this study, this research consisted of 5 chapters. At chapter 1 introduction, it mentioned necessity of this study, purpose and how to research this study, and at chapter 2 dispute factors indicated and summarized for technical resolution. At chapter 3, infringement cases of software copyright analyzed and studied upon intellectual property(IP) related laws. And methods of dispute settlement discussed and suggested to chapter 4 for copyright and intellectual property protection. Also, it emphasized importance of arbitration to resolve the issues timely and avoid time and economical consumption. Of course, arbitration law has to be matched with the trend of technology development for effective settlement. At chapter 5 conclusion, it summarized this research and suggested further research for empirical test of economic value of the software copyright upon the aspect of business, law, and engineering. In this study, the results are 1) IP related laws have to be enacted or revised to meet technical changes for the protection of software copyright on time. The enactment or the revision of law takes a long time, therefore, to deal the dispute effectively, 2) arbitration law has to be utilized efficiently in order to resolve issues and settle the dispute promptly. It is suggested the dispute settlement through arbitration to save time and economic matters for legislation, and to harmony with the technology trends. 3) Recognition of software copyright is to be improved by users and enterprises for development of software related industries and intellectual property protection. In conclusion, the protection of software copyright is important than any other things in the field of IT because of the development of industry and intellectual property related laws. The development is for areas of business, law and engineering, so research and practices are to be combined with the areas so that it could resolve the dispute settlement and IP protection effectively.

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Shadow Regulation of Online Copyright Protection and Its Implications (온라인상 저작권 보호에 관한 그림자규제와 시사점)

  • Kim, Ho
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.4
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    • pp.289-294
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    • 2019
  • Although regulation generally shall be based on the law, many regulations are not based on legislation. Shadow regulation that is not mandatory but functions as regulation may be developed and enforced by non-govermental body. This article examines shadow regulations of copyright protection online of the US, the EU and the UK and draws their implications for Korea. In case of self-regulation, the following factors shall be considered: to acquire the technology to filter copyright infringement and to solve the problems arising from the application of it, to prevent the infringement of freedom of expression, to ensure the appropriateness of the sanctions imposed on the alleged copyright infringement, to ensure the participation or monitoring of internet subscribers in the negotiation between the internet industry and copyright holders, and to clarify the government's role and responsibility.

A Comparison of Knowledge, Affectivity and Behavior between Before and After Internet Ethics Education (Focusing on the Copyright Infringement) (대학 인터넷윤리 교육 전후의 인지.정의.행동 영역별 비교(저작권 침해 중심으로))

  • Kang, Sunghee
    • The Journal of Korean Association of Computer Education
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    • v.16 no.1
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    • pp.43-50
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    • 2013
  • This study was conducted to examine the effects of Internet ethics education. To do so, I compared the knowledge, affectivity and behavior of students on the copyright infringement between before and after Internet ethics education. The subjects of study were 150 students who had taken Internet ethics course in university. Upon comparing their knowledge and affectivity on the copyright infringement between before and after Internet ethics education, they scored higher after education than before, which was statistically significant. The subjects' behavior on the copyright infringement had a tendency to increase after education, but there were not significantly increased. This result showed that the current Internet ethics education has some limitation in making the students practice what they know. To resolve this problem, it is important to do early-childhood Internet ethics education. And more research on diverse teaching and learning methods in Internet ethics education is needed to produce educative results.

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A Study on the Public Interest Role of the Detective Industry for Music Copyright Protection (음악저작권 보호를 위한 탐정산업의 공익적 역할 연구)

  • Kim Mi Ok;Yun Sou Bin;Yeom Keon Ryeong
    • Industry Promotion Research
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    • v.8 no.1
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    • pp.23-33
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    • 2023
  • In modern times, damage caused by the spread of the Internet has become very diverse. In particular, due to the craze of K-pop since 2008, the damage caused by copyright infringement in the domestic and international music markets has become the biggest problem in the Internet market. However, the manpower of the police and copyright protection agencies to solve these increasingly intelligent crimes is insufficient. Therefore, we are trying to find out the role of the public interest detective as a supplementary force for the public authority and as a substitute for the copyright protection agency that can provide legitimate help for victims in the prevention of music copyright infringement and disputes. For this study, first, the concept and types of music copyright, the concept of public interest detectives, the current status and system of music copyright were identified, and the role of detectives for music copyright protection was explored through system operation and status analysis of protection agencies and literature review. Through the results of this study, it is hoped that the role of a professional detective in the public interest dimension of music copyright protection can be a good soil for the development of the detective industry in the future.

Effecient Techniques to Block Copyright Infringement Illegal Streaming Sites (저작권 침해 불법 스트리밍 사이트 차단을 위한 효율적인 기법)

  • Kim, Chan-hee;Yu, Ho-jei;Kim, Seo-yeon;Oh, Soo-hyun
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.32 no.5
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    • pp.837-844
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    • 2022
  • In proportion to the rapid development of information and communication technology, the damage to copyright infringement is also increasing. In particular, as the OTT platform market has grown significantly in recent years, the speed and distribution of pirated copies that infringe copyright are increasing rapidly compared to the past. Accordingly, the country is trying to prevent copyright infringement by detecting and blocking illegal streaming sites, but it is difficult to expect great results due to the fast production of illegal streaming sites. Therefore, in this paper, we analyze the causes of rapid production of blocked illegal streaming sites, track and analyze 58 illegal streaming sites, and propose ways to effectively block illegal streaming sites based on the analysis results.

System Implement to Identify Copyright Infringement Based on the Text Reference Point (텍스트 기준점 기반의 저작권 침해 판단 시스템 구현)

  • Choi, Kyung-Ung;Park, Soon-Cheol;Yang, Seung-Won
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.15 no.1
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    • pp.77-84
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    • 2015
  • Most of the existing methods make the index key with every 6 words in every sentence in a document in order to identify copyright infringement between two documents. However, these methods has the disadvantage to take a long time to inspect the copyright infringement because of the long indexing time for the large-scale document. In this paper, we propose a method to select the longest word (called a feature bock) as an index key in the predetermined-sized window which scans a document character by character. This method can be characterized by removing duplicate blocks in the process of scanning a document, dramatically reducing the number of the index keys. The system with this method can find the copyright infringement positions of two documents very accurately and quickly since relatively small number of blocks are compared.

A Consideration for Intellectual Property Rights under Digital Environments (전자상거래에서의 지적재산권에 관한 문제점과 개선방안)

  • Kwon, Sang-Ro
    • International Commerce and Information Review
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    • v.6 no.1
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    • pp.249-265
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    • 2004
  • In the current digital age, most of the countries in the world recognize the electronic business to be a very prospective area in the future and plan to activate for the preoccupation of the business. As a result, this led a rapid increase of the electronic business volume. Electronic business takes place in the cyber space, using internet. However, the intellectual property rights have a high degree of possibility of being infringed as the digitalized intellectual property is easy to receive, copy and transmit in the cyber space. The language structure on the web, represented by HTML, makes easier to copy the intellectual property. And, as the internet has no national boundary, the infringement of the intellectual property rights is easier regardless of country, which could lead to the commercial disputes between the concerned countries. There are in fact many legal disputes nowadays on the infringement of the intellectual property rights in such field as computer programming, infringement of the copyright, business model patent and infringement of the trademark right on the registered name of the domain. It is, therefore, time now to prepare a new theory or legal system to protect the intellectual property rights on copyright, patent and trademark right so as to comply with the digital environment together with such a splendid growth of "electronic business." USA and Germany are nowadays making a significant movement on the legislation of the electronic business, and this study will focus on the legislative contents, judicial precedents and interpretation of law in the above countries.

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A Study of Copyright Infringement in Video Works (영상저작물의 저작권 침해에 관한 연구)

  • Pyun, Seog-Hoan
    • The Journal of the Korea Contents Association
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    • v.7 no.6
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    • pp.107-118
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    • 2007
  • This study examined the standard how to deal with infringement of copyright legally, by looking at several examples of the infringement of copyright in local video works. When we look at precedents relating to copyrighted motion pictures, there are many times when two works seem quite similar but don't get conformed to the infringement of copyright by deliberating the similarities feebly. Although the Idea seems same, the creative expression is admitted and the substantial similarity is denied. For example, in the case of the soap opera, 'Kareiski', the court presented a standard of judgment by organizing the facts, based on the subjective element, dependence on proof and the objective element, the substantial similarity In the case of 'Fox and the Cotton Candy', the dependence on proof and the substantial similarity were examined as usual but when examining the substantial similarity, it was examined in more specific details. This case is a good reference for solving such a case in the future.

A Study on the Current Status and Improvement of Advertising on the Copyright Infringement Websites (저작권 침해 웹사이트 내 광고 현황과 개선방안에 관한 연구)

  • Hwang, Jang-Sun;Kim, Woon-Han;Ji, Won-Bae
    • The Journal of the Convergence on Culture Technology
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    • v.6 no.3
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    • pp.83-90
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    • 2020
  • Recently, a growing number of copyright infringement websites have illegally copied and posted works such as broadcasting, movies and music, and posted advertisements to make profits. The research is aimed at finding solutions by analyzing the current status of advertisements on copyright infringement websites. The results of this study are as follows. First of all, there are many advertisements harmful to teenagers, such as casinos, betting, games, adult products, and adult meeting, which is necessary to deal with. Secondly, there were many unethical advertisements on copyright infringement websites, but there were also many advertisements from famous companies. Advertisements from large companies and famous brands are also being executed continuously, which can create trust in illegal sites. Therefore, the government, advertisers, citizens, and academia should participate in a campaign to root out the use of illegal websites because it is impossible to eradicate them by crackdown alone. In this paper, we pointed out the practical problems of advertising execution, the main source of revenue for copyright infringement websites, and presented a comprehensive solution.

A Brief Sketch of Architectural Works Copyright with the United States Cases: Analysis based on Thomas Shine v. David M. Childs and Skidmore Owings & Merrill, LLP Case

  • Moon, Hwakyung
    • Architectural research
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    • v.9 no.1
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    • pp.1-8
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    • 2007
  • These days the copyright plays a significant role in various fields of creative works and it has expanded dramatically into unprecedented ways. In Korea, architectural works copyright cases are rare due to the lack of information and understanding of the architectural works copyright. Architectural works copyright can promote architects' creative activities and enhance the quality of architectural works as art. Nevertheless, there is little effort to advance the studies of architectural works copyright in the architectural design area. Under these circumstances, this research attempts to share the basic case laws and remedies for various architectural works copyright issues in the U.S. cases. This Article examines the Thomas Shine v. David M. Childs and Skidmore Owings & Merrill, LLP Case which is the most recent case as I could reach. This case is about a story between two architects, one is from a very prestigious architectural design firm and the other, once Yale Architectural student, now practices his design work as an up-and-coming architect. A close examination of this case will provide a legal and architectural spectrum of copyright. That is, it will make it more specific how to solve the copyright infringement. Artistic and technological contexts are overlapped in Architectural works copyright as its inherent characteristics. Therefore, different ways from other copyrighted works are needed to access the untangled equations of the architectural works copyright protection. In addition, more comprehensible and specific regulations that can impose a remedy more suited to the architectural works copyright violations are needed and they should enable architects to fulfill their architectural activities under wide range of copyright protection. Moreover, in prior to all efforts to handle those equations, fundamental knowledge of architectural works copyright is required to improve the copyright protection in the architectural design area as well as to provide for the globalizing design practice. Ultimately, all of these efforts will be rewarded when constant researches based on Korean and other countries' architectural copyright cases can support them and it would be great if this research can set the stage for resolving expected copyright conflicts within the architectural design area.