• Title/Summary/Keyword: Infringement of rights

Search Result 112, Processing Time 0.023 seconds

An Efficient Comparing and Updating Method of Rights Management Information for Integrated Public Domain Image Search Engine

  • Kim, Il-Hwan;Hong, Deok-Gi;Kim, Jae-Keun;Kim, Young-Mo;Kim, Seok-Yoon
    • Journal of the Korea Society of Computer and Information
    • /
    • v.24 no.1
    • /
    • pp.57-65
    • /
    • 2019
  • In this paper, we propose a Rights Management Information(RMI) expression systems for individual sites are integrated and the performance evaluation is performed to find out an efficient comparing and updating method of RMI through various image feature point search techniques. In addition, we proposed a weighted scoring model for both public domain sites and posts in order to use the most latest RMI based on reliable data. To solve problem that most public domain sites are exposed to copyright infringement by providing inconsistent RMI(Rights Management Information) expression system and non-up-to-date RMI information. The weighted scoring model proposed in this paper makes it possible to use the latest RMI for duplicated images that have been verified through the performance evaluation experiments of SIFT and CNN techniques and to improve the accuracy when applied to search engines. In addition, there is an advantage in providing users with accurate original public domain images and their RMI from the search engine even when some modified public domain images are searched by users.

Research on the evaluation model for the impact of AI services

  • Soonduck Yoo
    • International Journal of Internet, Broadcasting and Communication
    • /
    • v.15 no.3
    • /
    • pp.191-202
    • /
    • 2023
  • This study aims to propose a framework for evaluating the impact of artificial intelligence (AI) services, based on the concept of AI service impact. It also suggests a model for evaluating this impact and identifies relevant factors and measurement approaches for each item of the model. The study classifies the impact of AI services into five categories: ethics, safety and reliability, compliance, user rights, and environmental friendliness. It discusses these five categories from a broad perspective and provides 21 detailed factors for evaluating each category. In terms of ethics, the study introduces three additional factors-accessibility, openness, and fairness-to the ten items initially developed by KISDI. In the safety and reliability category, the study excludes factors such as dependability, policy, compliance, and awareness improvement as they can be better addressed from a technical perspective. The compliance category includes factors such as human rights protection, privacy protection, non-infringement, publicness, accountability, safety, transparency, policy compliance, and explainability.For the user rights category, the study excludes factors such as publicness, data management, policy compliance, awareness improvement, recoverability, openness, and accuracy. The environmental friendliness category encompasses diversity, publicness, dependability, transparency, awareness improvement, recoverability, and openness.This study lays the foundation for further related research and contributes to the establishment of relevant policies by establishing a model for evaluating the impact of AI services. Future research is required to assess the validity of the developed indicators and provide specific evaluation items for practical use, based on expert evaluations.

An Analysis on the Distribution Structure of Internet Knowledge Exchange Markets (인터넷 지식거래소의 지식정보유통 실태분석)

  • Noh, Young-Hee
    • Journal of Korean Library and Information Science Society
    • /
    • v.38 no.1
    • /
    • pp.135-156
    • /
    • 2007
  • This paper aims to analyze distribution structure of commercial Internet knowledge exchange markets. To that end, it has four specific study goals. First, define the type and volume of information available at the Internet knowledge exchange market as well as that of market users. Second, analyze distribution structure of the Internet knowledge exchange market. Third, identify current issues regarding infringement of intellectual property rights and conduct a survey to understand current standing of Internet knowledge exchange markets' IPR violation. Forth, assess application of Digital Rights Management(DRM) to Internet knowledge exchange markets and DRM's role in controlling unauthorized copying and illegal uses.

  • PDF

Protective Way Improvement of a Crime Victim's Rights of Portrait (범죄 피해자의 초상권보호 개선방안)

  • Joen, Chan-Hui
    • The Journal of the Korea Contents Association
    • /
    • v.9 no.4
    • /
    • pp.286-298
    • /
    • 2009
  • Became large a problem we were productive movement of information became large and occurring to diffusions of development of public media and Internet use. While the Internet became a generalization, public media had more influences and risks, and a crime to abuse anonymity became large in cyber space. In addition, damage is becoming expanded reproduction that infringe of ' crime victim's rights of portrait'. The point that is most important in order to improve these points is recognition regarding the special situation of crime victim, and the ethic consciousness and independent operation regulation and regulation system that these point was taken into consideration in the public media and Internet operation that are an information producer is necessary, and Internet portal shall be included like Internet newspapers to the arbitration object of the Press Arbitration Commission. Also, a legal system regarding personal responsibility shall have for protection of a crime victim's rights of portrait by personal information activity for protection in cyber space. Suggest to a portrait of a crime victim, and an individual and social rights security effort are required for activation regarding an infringement relief system.

Legal Interest in Damages Regarding Loss of Treatment Chance (치료기회상실로 인한 손해배상에 있어서 피침해법익)

  • Eom, Bokhyun
    • The Korean Society of Law and Medicine
    • /
    • v.20 no.3
    • /
    • pp.83-139
    • /
    • 2019
  • Recognition of liability for damages due to medical malpractice has been developed largely on the basis of two paths. First is the case where there is an error in a physician's medical practice and this infringes upon the legal interests of life and body, and the compensation for monetary and non-monetary damages incurred from such infringement on life and body becomes an issue. Second is the case where there is a breach of a physician's duty of explanation that results in a infringement on the patient's right of autonomous decision, and the compensation for non-monetary damages incurred from such infringement becomes an issue. However, even if there is a medical error, since it is difficult to prove the causation between the medical error of a physician and the infringement upon legal interests, the physician's responsibility for damage compensation is denied in some cases. Consider, for example, a case where a patient is already in the final stage of cancer and has a very low possibility of a complete recovery even if proper treatment is received from the physician. Here, it is not appropriate to refuse recognition of any damage compensation based on the reason that the possibility of the patient dying is very high even in the absence of a medical error. This is so because, at minimum, non-monetary damage such as psychological suffering is incurred due to the physician's medical error. In such a case, our courts recognize on an exceptional basis consolation money compensation for losing the chance to receive proper treatment. However, since the theoretical system has not been established in minutiae, what comes under the benefit and protection of the law is not clearly explicated. The recent discourse on compensating for damages incurred by patients, even when the causation between the physician's medical error and infringement upon the legal interests of life and body is denied, by establishing a new legal interest is based on the "legal principle of loss of opportunity for treatment." On what should be the substance of the new legal interest, treatment possibility argument, expectation infringement argument, considerable degree of survival possibility infringement argument and loss of opportunity for treatment argument are being put forth. It is reasonable to see the substance of this protected legal interest as "the benefit of receiving treatment appropriate to the medical standard" according to the loss of opportunity for treatment argument. The above benefit to the patient is a value inherent to human dignity that should not be infringed upon or obstructed by anyone, and at the same time, it is a basic desire regarding life and a benefit worthy of protection by law. In this regard, "the benefit of receiving treatment appropriate to the medical standard" can be made concrete as one of the general personal rights related to psychological legal interest.

Music License in the Metaverse

  • Kyungsuk Kim
    • International journal of advanced smart convergence
    • /
    • v.12 no.4
    • /
    • pp.44-54
    • /
    • 2023
  • This paper provides a comprehensive analysis of the implications of the metaverse on the music industry, focusing on copyright issues and potential solutions. It delves into the concept and characteristics of metaverse platforms, describing them as environments that immerse users in a variety of virtual experiences. A significant portion of the paper is dedicated to exploring music use and copyright infringement in the metaverse. It examines how users incorporate existing music into their content, often leading to legal challenges due to copyright infringement. The paper discusses the role of online service providers (OSPs) in this context and the legal implications of their actions. The paper also addresses the 'safe harbor' provisions for OSPs and examines the balance between protecting rights holders and limiting OSP liability. It highlights the challenges and limitations of copyright enforcement in the metaverse, especially given the unique nature of content on platforms such as Roblox. Finally, the article proposes solutions to simplify music licensing in the metaverse, suggesting a shift from property rules to liability rules and the establishment of Collective Management Organizations (CMOs) to streamline the licensing process and better protect copyright holders' interests.

Unresolved Issues in Patent Dispute Evidence in Australia: Considering Arbitration as an Alternative to Litigation

  • Kwak, Choong Mok
    • Journal of Arbitration Studies
    • /
    • v.26 no.3
    • /
    • pp.121-147
    • /
    • 2016
  • Factual issues in most patent litigation are related to very complicated techniques. Thus, the courts has emphasised that the technology in dispute has to be read and understood through the eyes of a person to whom it is directed. Therefore, among the various processes in federal litigation, most litigation in the field of patent infringement relies on at least some expert evidence. This paper focuses on issues regarding patent dispute evidence, and explore whether there are unresolved issues in evidential rules and procedures of patent proceedings. Further, this paper seeks to demonstrate that both the parties and the courts in patent disputes generally benefit from the current evidence system. However, in a number of Australian cases, the scope of expert evidence in patent cases has been strictly limited. Australian Government identified uncertain issues associated with the present patent enforcement system, due to factors such as a low level of knowledge about what patent rights entail, the high degree of uncertainty of outcome in legal proceedings, etc. Arbitration shall be reviewed and suggested as an alternative to tackling the ongoing problems in the trial system.

A Study on the Factors Influencing Student Athletes' Human Rights Abuse Experience -Focusing on the analysis of environment in team, human right in event and human right in sports using logistic regression (학생선수의 인권침해 경험에 영향을 미치는 요인에 관한 연구 -로지스틱 회귀분석을 이용한 팀 분위기, 소속종목 인권의식, 체육계 인권의식에 대한 분석을 중심으로-)

  • Lee, Youn-Young;Lee, Je-Hun
    • Journal of the Korea Convergence Society
    • /
    • v.13 no.5
    • /
    • pp.295-305
    • /
    • 2022
  • This study aimed to present a realistic policy direction to reduce human rights violations by analyzing the mechanisms of its factors affecting the experience of human rights violations for middle and high school student athletes. The method analyzed the response data of 13,205 student athletes through a structured questionnaire using logistic regression analysis. The independent variable consisted of sexual violence, sexual shame, physical violence, verbal violence, bullying, invasion of privacy and learning rights, and unfair leaders' actions related to exercise. As a result of the analysis, first, the team atmosphere, human rights consciousness in their sports and in the sports field were found to have a significant influence on physical and language violence, bullying, privacy and infringement of learning rights. Second, for the experience of sexual violence, the team atmosphere and the level of awareness of human rights violations in the sports community had a significant effect, but the permission of violence in the sports community and human rights consciousness in their sports did not appear as meaningful variables. Third, it was found that the unfair experience related to exercise had a significant effect on the team atmosphere, the overall level of violence in the sports community, and the its awareness of human rights violations in the sports community.

A Review on the Scope of the Right of Integrity : Focusing on the Case about the Popular Music (저작권법상 동일성유지권의 범위에 관한 검토 : 대중음악에 관한 사례를 중심으로)

  • Park, Da Hyo;Kang, Seung Hee;Jang, Soon ho
    • Journal of Information Technology Services
    • /
    • v.19 no.4
    • /
    • pp.109-124
    • /
    • 2020
  • In 2012, Psy's music video 'Gangnam Style' spread through parodies, and gained explosive popularity. In 2016, there was a case so-called as 'baseball ground cheering song' in which a author(songwriters) claimed an infringement of the 'right of integrity' related to cheering songs used by professional baseball teams. In response, the court denied violating the right of integrity in 2019. These cases have different effects depending on whether or not the 'right of integrity' is claimed. This study attempted an economic analysis in addition to a legal analysis of the right of integrity. Korean copyright law regards even simple changes that go against the author's will as a infringement of the 'right of integrity' even if they do not harm honor or reputation. Such legislation is one of the most strongly protected forms in the world, so it cause many problems. Meanwhile, we analyzed the cost-benefit analysis of Psy's 'Gangnam Style' case and the 'baseball ground cheering song' case. As a result of the analysis, the right to integrity is inefficient in quantitative and qualitative aspects. Therefore, the right of integrity should be reconsidered with the focus on 'popular music'. In particular, considering the development of information communication technology and changes, a revision direction is needed to meet the purpose of the copyright act. Furthermore, in order to solve the legal issues under the Copyright Act, the requirement for infringement of the right of integrity should be relaxed. Then, we proposed the establishment of a proviso clause on the right of integrity.

E-government, Big Brother, Information Capitalism - Focusing on the NEIS Problem (전자정부, 빅 브라더, 정보자본주의 - 네이스 문제를 중심으로 -)

  • Hong Seong-Tae
    • Journal of Science and Technology Studies
    • /
    • v.4 no.1 s.7
    • /
    • pp.31-57
    • /
    • 2004
  • Controversies over NEIS(Network of Education Information System) began with very deep concern about infringement of human rights stemming from NEIS. A large information system which accumulates and uses huge size of individual information is always able to deeply infringe on human rights. But the ministry of education would not do the best not to be 'Big Brother' being dazzled by instrumental efficiency of information technology. NEIS has demonstrated problems of the information policy of Korea strongly driven in the name of 'E-goverment'. It has very strong characteristic of the statist economic growth policy focusing on more economic possibility than other. In this situation, making money is easily considered more important than protecting human rights. Information capitalism is nurtured at the sacrifice of human rights. So, we have to face problems of 'E-goverment' in order to correct the NEIS problem, The most important task to correct the NEIS problem is to make an element law protecting privacy and to establish an independent national institute protecting privacy

  • PDF