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(영문) 서울남부지방법원 2015.08.17 2013가합107912 (1)

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who carries on business, such as providing online educational information and manufacturing of party supplies in the trade name of C.

The Defendant is a corporation that operates the Internet portal site D (hereinafter “Defendant’s site”) and is an online service provider prescribed in Article 2 subparag. 30 of the Copyright Act.

B. On July 2005, the Plaintiff of the instant videos produced Part 41 of the “E” video (hereinafter “E”) in the name of C, and opened and operated online video lectures paid from website F, a website operated by the Plaintiff (hereinafter “instant video”) for up to now.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion;

A. The Defendant Member asserted that the Plaintiff’s copyright was infringed upon the Plaintiff’s copyright of the instant videos, which the Plaintiff had copyright without permission through Defendant’s website’s “carf” and “G” services.

Since the defendant, as an online service provider, failed to perform his/her duty to act to prevent copyright infringement of the defendant's member, he/she shall bear joint tort liability due to aiding and abetting the defendant's member's copyright infringement by omission.

B. Since the information provided by the Plaintiff alone cannot specify a notice that infringes on the Plaintiff’s copyright, it is technically and economically impossible for the Defendant to check whether the infringement on the Plaintiff’s copyright was infringed and take appropriate measures, such as deletion thereof. Therefore, the Defendant is not liable for joint tort due to aiding and abetting the Defendant’s copyright infringement by omission.

3. Determination

A. The copyright infringement 1) copyright infringement of the defendant's member either a) car page and video screen.