미국에서 서비스 제공자의 책임제한에 관한 규정과 그 시사점

OSP's Liability in the USA and Korea

The combination of the Internet and digital technology makes it possible to make an unlimited number of perfect copies of music, books etc. in digital form. The Digital Millennium Copyright Act(DMCA) created a process that was intended to help copyright owners ensure rapid removal of allegedly infringing material from the Internet while guaranteeing compliant Online Service Providers(OSPs) a safe harbor from liability for Internet users acts of copyright infringement. OSPs thus received protection from potential secondary liability. The notice and take-down scheme in the provisions for OSP's liability limitation in the Korean Copyright Act were heavily affected by DMCA in the USA. OSPs that cache information to improve network performance are required to respond expeditiously to notices of infringement by removing or disabling access to the allegedly infringing material when certain conditions are met. In order to receive safe harbor, hosting services and search engines are required to respond expeditiously to notices of copyright infringement by removing hosted content, or links to content, when they receive a notice alleging copyright infringement.