폐쇄적 DRM의 문제점과 법적 해결방안

A Study on Legal Issues Related to the DRM's Walled Garden Strategy

In essence, the intellectual property right is exercised by permitting an authorized use of the copyrighted works. The technological innovation of internet and digital contents has provided us the platform for the marketplace of trading various copyrighted works. On the other hand, these digital contents are easy to make copies so that illegal copies have caused monetary damages to the copyright holders. Accordingly, the copyright holders started to use the Digital Rights Management(DRM) as defense to the copyright infringement. However, it is important to note that there is another motive in enforcing the DRM by the copyright holders of intellectual property. They want to use it as a fence for others to enter their market or a tool for unfair interference with trade of others. In addition, consumers are hampered who paid fair prices for copy righted works since they are restricted in their use of the purchased items to the full extent. It isn't only against the concept of ownership which allows one to use and enjoy property without any control, but also it is against the purpose of copyright law to promote the 'Private Copying' of copyrighted works. The foundation behind the advent of intellectual property is to provide strong financial incentives for the creation and dissemination of copyrighted works so that they expand the scope of human culture and technology, which leads to mutual prosperity. However, the DRM has affected the improper restriction on the rightful exercise of copyright users on the pretense of copy right protection. Therefore, we need to strengthen the interoperability by standardizing the DRM technology.