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(영문) 서울중앙지방법원 2014.07.10 2013고단8543

저작권법위반방조

Text

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

[2013 Highest 8543]

1. Defendant A is a representative in-house director of a corporation B, which operates Web Do, the website.

Although the Defendant knew that various digital data traded through the above web site is digital content, such as motion pictures and dramas not permitted to use copyright, the Defendant had the members of the above web site up to read various digital content at the above web site, and had the members of the above web site up to pay profits each time he/she receives downloads with various digital content.

The Defendant, despite being aware of the fact that the content subject to protection of author’s property rights has been illegally distributed on the above website, took measures to delete the relevant file or set up the gold text formally at the request of the copyright holder, and did not take appropriate measures to protect copyright, but neglected the digital content subject to protection of various copyright rights.

The Defendant provided D’s website members with a storage space for a certain period of time to download digital content, and posted the digital content in the bulletin board, which was opened through the central server, so that other members can download their digital content they want through the bulletin board.

The Defendant continued to classify items into film, drama, video, game, etc. on the website screen so that users can read the content subject to the protection of author’s property rights, provided a shared point to the content providers, and the remainder is acquired by the Defendant, and urged the business managers to pay a certain percentage of the shared points in cash.

On May 4, 2013, a member of the above website (the person who uses ID E) is a member of the company.