저작권법위반방조
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Error of fact 1) The question of whether the mother's death as stated in the facts charged of the instant case and the question of piracy (hereinafter referred to as "the question of this case, etc.") are the same.
(2) The Defendant is not a compilation work that is protected under the Copyright Act. (2) The Defendant is a “instant site” where learning materials sharing sites B and hereinafter referred to as “instant site”).
The Defendant did not have the intent to assist in copyright infringement by the members using the instant site. (b) The sentence imposed by the lower court on unreasonable sentencing (one million won of fine) is too unreasonable.
2. Determination
A. 1) Determination of the assertion of mistake of facts refers to the following: (a) whether the issue of this case, etc. is an compilation work subject to protection under the Copyright Act; (b) whether a work protected under the Copyright Act is a creative production belonging to the scope of literature, science, or art (Article 2 Subparag. 1 of the Copyright Act); and (c) “a creative production” refers to a creative production that is not a pipe of another’s work as an author’s own work; and (d) that
Therefore, even though it is not necessary to raise the level of the work, the minimum creativity is required to the extent that it is worth being protected under the Copyright Act. Therefore, it is not easy to recognize the minimum creativity because it is not easy to recognize the same or similar level of creativity even if it is leakage such as simple fishing gear or contract form.
I would like to say.
In addition, the contents of abstract ideas, scientific principles, and historical facts that are contained in the works cannot be said to have been created by the author. Thus, copyright does not extend to the contents of abstract ideas itself, but extends only to the detailed and specific expressions that indicate the contents.
In relation to the issue of the entrance examination of university admission, the health team and the problem of the entrance examination are historical.