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(영문) 서울남부지방법원 2013.09.26 2012고정547

저작권법위반

Text

The prosecution of this case is dismissed.

Reasons

The acquittal portion

1. The summary of the primary charge is that Defendant A is the representative director of Guro-gu Seoul Metropolitan Government E. 510, and Defendant B is a corporation established for the purpose of providing software advice, development, and supply business.

Defendant

A No person shall infringe upon author's property rights or other property rights protected pursuant to law by means of reproduction, performance, public transmission, exhibition, distribution, lending and the preparation of secondary copyright.

The Defendant provided a free storage space to the users via the F site operated by the said B, a file sharing site, so that users can download the files they want by means of search function utilization, etc., while, in the event that the files are downloaded, a person who is gaining profits by collecting user fees in proportion to the quantity of the download or in a fixed amount.

During that period, on June 29, 2011, a person who was named in the name of the deceased on June 29, 2011 (G) provided that the film “the transfer theory of the Stitro-Sari” held by the injured party, Inc., a copyright, was made to enable users to download it on the said website and allowing them to download it. < Amended by Act No. 10785, Jun. 29, 2011>

7. From November to 200, the act of infringing the copyright of the victim company, the copyright holder, by making it possible for unspecified users to easily reproduce and transmit and use each of the above film works, such as documentary evidence recording, in a total of 27 times.

However, the Defendant knew that the film works subject to copyright protection are being illegally distributed on its website and received a request for the suspension of infringement from the victim company, the copyright holder of the copyrighted works listed in the separate sheet on June 27, 201, including the above cinematographic works’ title and the request for the suspension of infringement.