온라인상의 저작권 침해대응에 관한 비교법적 검토

Comparative study of legal response to online copyright infringement

The regulation of online copyright infringement is very difficult in reality because of its technical nature such as the anonymity, involvement of numbers of users, and borderless infringement. But in that online copyright infringement mainly happens through the online service provider (OSP), an effective response to infringement would be to be done via the OSP. For this reason, many countries provide legal systems of response to online copyright infringement. The typical system of online copyright infringement liability limitation is 'Notice & Takedown', but each national legislation has systems other than 'Notice & Takedown', too. Examples are the implementation of technical measures obligation and a policy for the termination, which OSP is obliged to have adopted and reasonably implemented, and informs subscribers and account holders of the service provider's system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider's system or network who are repeat infringers. After it takes a general view of legal systems of the U.S.A., Britain, France, Germany and Japan with above-mentioned background, this article aims to apprehend comparatively the nature and problems of the online response system under Korean Copyright Act.