디지털콘텐츠 동일성유지권과 이용자 보호와의 상충

The Proper Direction for the OSP’s Liability Rule in Korea Conflict between Right to Maintain the Identity of the Contents and Digital Content User Protection Guideline

The court recently decided that sampling for contract to download the music infringes on right of to maintain the identity of the contents. It seems to be a strict application for protection of copyright. However ‘Digital content user protection guideline’ imposes a duty on a contents provider to service a sampling for user to determine on entering into a contract. If he obeys the duty to service a sampling, he will infringe on right of to maintain the identity of the contents. On the contrary if he keeps a copyright, he will breach the legal guideline. It is a contradiction or conflict of duties. Therefore it is admitted a lawful performance of a duty that a contents provider makes a sampling for user protection under applicable guideline.