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(영문) 서울중앙지방법원 2014.01.16 2011고정7486

업무방해

Text

The defendant shall be innocent.

Reasons

1. On November 2010, the Defendant infringed on the victim’s author’s property right by making a reproduction, display, and secondary copyrighted work with respect to the “E” mobile service produced by the victim D Co., Ltd. in the Defendant’s residence located in Dongjak-gu Seoul Metropolitan Government on November 201, 201, without a legitimate authority to make a reproduction, display, and secondary copyrighted work, and by linking the aforementioned “E” to the site (andandand.com) and recording “E” as a derivative work after the developer’s registration.

2. Article 5(1) of the Copyright Act provides that a creative work produced by means of translation, arrangement, alteration, color, image, etc. of an original work (hereinafter “secondly copyrighted work”) shall be protected as an independent work. In order to be protected as a second copyrighted work, a new creative work shall be added by maintaining substantial similarity with an original work, while maintaining substantial similarity with that of the original work, and by adding a modification, increase, or decrease to the extent that it can be a new work under social norms.

(2) On January 25, 2002, 2002, 2000.1.2. The Defendant made an Applick (hereinafter referred to as “E”), which is called “E,” which is sought from a smartphone, and then operated in a way connected to the web page where the information, such as the photograph of each restaurant, produced by D Co., Ltd., is posted. According to the evidence duly admitted and investigated by this court, the Defendant made the Internet (UL) and the Internet address of the work stored in the web site server, which refers to the technology that users want to access on the Internet, and then copied the information of the user himself/herself.