사이버 물권 시론(試論)

Introductory Opinion for Cyberspace Property Right

Under the current legal regime, protection of the objects created in Cyberspace, which is formulated by the development of the information technology, is sometimes regarded inappropriate or the protection system does not fully understand the characteristics of Cyberspace such as openness, sharing, and participation among its members. Also, there are cases where no protection at all is granted according to the types of the cyber-objects, although proper protection thereof must be required. The following four measures can be employed to determine the appropriateness: degree of creativity, life cycle of cyber-objects in question, investment amount and development period and nature of cyber-objects. Therefore, the protection of the cyber objects is difficult to solve by applying the lex real space when considering the characteristic of Cyberspace and cyber-objects and appropriate method and extent of the protection for Cyberspace must be established. The protection system for cyber property rights must reflect the spirit of co-authership, sharing of properties and promoting utilization of cyber property rights. To meet the need of establishing rules for appropriate protection, in this article, first of all, I will intend to establish definition and scope of cyber property and review features of cyber property right. Firstly I will address emergence of creations in Cyberspace and legal concept for those creations, introducing recent moves of Cyberspace which has been emerged and has been developed and legal control over Cyberspace and the limitation thereto. Secondly, I will deal with differences of between real world objects and cyber-objects and different categories of the cyber-objects as well as definition of the cyber-objects. Then, I will address definition and types of cyber property. Furthermore, I review requirements and effects of cyber property.