기술적 보호조치의 정의에 관한 소고

A Study on the Definition of Technological Protection Measures

In order to comply with the R.O.K.-E.U. Free Trade Agreement, a new provision for prohibiting incapacitation of technological protection measures of access control was added to the copyrights law on June 30th 2011, and entered effect on July 1st 2011. In the past, the old Computer Program Protection Act and the old Copyright Act had a provision related to the technological protection measure for use control. As a result, the case law rendered based on the old law had a presumption that the technological protection measures were meant as use control. However, with addition of the definition of the technological protection measures of access control in the Copyrights Law, the court had potentials of changing its standard for interpretation. And there were several precedents in relation to technological protection measures so far, and various discussions regarding the definition of technological protection measures in the process have been made. Recently, the Supreme Court interpreted the definition of technological protection measures on current copyright act, and ruled on the basis of the interpretation. And this decision is extremely significant in that it will affect the future decisions of the Court. So, This paper will study the definition of technological protection measures of the current copyright law Focusing on recent Supreme Court ruling.