beta
Cases
206 Gaz. 24723 Compensation (as referred to in this paragraph)
Plaintiff
1 . 쌘♥ ♤☆☆☆☆☆ ( S♤☆☆☆☆☆♠♠♠♠♠♠♠♠♠ Inc . )
미합중국 ♤♤♤♤♤ ♤♤♤♤ ♤♤♡♡♡ ○ ○○○
(1000OOOOOO, Does-gu, Does-gu, CAOI
■■■■ , U . S . A . )
【Representative Director】
2 . 주식회사 ▲▲
Gangnam-gu Seoul Metropolitan Government 00 - Large Agracel - Dopho
Representative Director le
[Judgment of the court below]
Attorney Park Yong-hoon, Attorney Park Yong-hoon, Cho Yong-hoon, Cho Yong-hun, Kim Jong-ju, Na-Support;
최♤☆ , 최□△
1 . 마♥◇◈◇◈◇ (
미합중국 워싱턴주 레드몬드시 마♠♠♠♠♠ 웨이 1
L , WA♥▦▦▦▦▦ , U . S . A . )
대표이사 스♠○○○○ (
2 . ♥♡♡♡♡♡♡ 유한회사
Gangnam-gu Seoul Metropolitan Government 000 Dong-gu 000 center floor
produced by the representative director
[Defendant-Appellant] Han-chul, Park Jong-sung, Lee Tae-eok, Lee Jin-jin, Counsel for defendant-appellant
Young, Park Jong-ri, Kim Jong-ri
Conclusion of Pleadings
April 30, 2009
Imposition of Judgment
June 11, 2009
Text
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Purport of claim
Defendants each of the Plaintiffs’ KRW 10,00,000,000, and the final copy of the complaint of this case
The payment shall be made at the rate of 20% per annum from the day after the service date to the day of full payment.
Reasons
1. Basic facts
A. The general status of Plaintiff and Defendants
1) Plaintiff
원고 쌘♥ ♡♡♡♡ 오는 2000 . 2 . 17 . 미합중국 캘리포니아 주법에 의하여 설
The business of developing and commercializing the VOD Staking technology as an incorporated corporation (VOD Staking)
무 등을 영위하고 있고 , 원고 주식회사 ▲▲ ( 이하 ' 원고 ▲▲ ' 이라고 한다 . ) 은
2001 . 10 . 26 . 설립된 한국 법인으로서 원고 쌘♥ ▷♤♤♤♤ 잉크가 개발한 기술을 바
The media server program and related equipment sales business are being carried out at the center.
2) Defendant
피고 마♥◈◈◈◈◈◈◈◈ ( 이하 ' 피고 _ ' 라고 한다 . ) 은 미합중국 법에 의하여
Corporation, a server operating system, personal computers (hereinafter referred to as "PC") operating system, U.S.A.
company that develops and manufactures various software products, such as a server program, and sells them;
다 . 피고 ♥♡♡♡♡♡♡ 유한회사 ( 이하 ' 피고 한국 _ ' 라고 한다 . ) 는 피고 가 100 %
Defendant A local corporation of the Republic of Korea, which owns shares, and is developed and produced by Defendant A.
It is a company in charge of Korean translation work of programs and sales work in the Republic of Korea.
The general status and sales of the Defendants are as shown in the following table 1 to 2.
[Attachment 1] The general status of the Defendants ("$" means the United States currency; hereinafter the same shall apply)
(as of June 2004)
【Defendant 2】 Sales, etc. (unit: US$ 200,000)
A person shall be appointed.
[Attachment 3] The sales revenue of Defendant Korea-based (unit: 00,000 won)
A person shall be appointed.
(b) Current status of a server operation system and media server program;
1) Status of a server operating system
A) Definition of a server operating system
The server operating system is Clice (Clice) - In the term of server (Server), the server computer 1).
The term "operation system" means a system, and platform 2 to ensure that the application program for the server can be operated well.
(iii) the monitoring and control of the entire network, such as the control of a printer or the sharing of files, and the monitoring and control of such network;
Linking with other networks, data programs, and files, through Embrye or communications networks;
b) perform the function of sharing hardware resources, such as marm, facsimile, and marm.
B) Operational system of the window server of the Defendants
The Defendants, as a system for the operation of the server, are the “Wloow Nvanced server” servers.
3. 1 Development and supply of a series of NT trial since the first launch around July 1993 by “B”
It has developed the NT servers since then, around February 2000, 'NT servers 2000' B, 2003
In April, 200 the Commission's server 2003.
The Commission server 2003 is 'Seard Edler', 'Nedler Edler', 'Nedler.
(Enter Edition) “,” “Data Center Edition (Datler Edition),” “welb” “weldion (B)”
There are four products of “Edit Action” and among them, the United Nations Credit and Data Center Edition
32.Bit (bit) and 64.Tits are two burners.
From 200 to October 26, 2005, the Defendants’ window 2000 servers, the window 2003 2003
The sum of domestic sales shall be KRW 104, 295, 353, and 000.
C) Operational systems other than the window servers
(1) Small Product Group
( ☆☆☆ ) 는 1970년대에 미국 ♤ 연구소가 컴퓨터 프로그램의 연구 및 개발
as a system of operation developed to create an environment to promote this section, for
As a result, business operators have developed into one kind of open software products. As a result, business operators have disclosed soft code.
by means of improving them and developing and supplying a variety of products based on them;
데 , 이 중 썬 ( Sun ) 의 솔라리스 ( Solaris ) 운영체제 , 휴▷♤♤♤ ( HD ♤♤♤♤t Packard ) 의 에이
치피 ▷♤♤ ( HP ④ ) , 아♤♤♤ ) 의 ♤♤♤ ( ) 등이 널리 알려져 있다 .
(2) & & product group (2) and
& & & ( ♤☆☆☆☆ ) 는 1991년경 대형 컴퓨터에서만 작동되던 운영체제인 오 를 PC
It is an operational system created to operate not only in servers but also in PCs, and programs through the Internet.
Since the source code has been disclosed free of charge, the employer shall change the source code as desired by the user.
사용할 수 있으므로 를 기반으로 한 다양한 제품들이 개발되어 있다 . ▷
( d♤ ) ( D♤♤♤ ) ♥♥♥♥ , 20000 등이 대표적이다 .
(3) Other operating systems
▷ ♤ ( ♤♤♤♤ ) 이 소를 기반으로 만든 맥 D♤♤ ( MAE D♤ X ) 운영체제
아▷ ♤♤♤♤ 이 인텔 호환용으로 만든 OS / 2 PHAS ) 서버 운영체제 등이 있다 .
2) Present status of media server programs
A) Definition of and general status on media server programs
Media server programs are installed on the server computer, and compliance such as the Internet, the Indiannet.
x-based network, or in the mobile network, the number of digital sound and video content in the mobile network;
Various functions developed to carry out functions, such as enabling the Staking (Saking) 3)
(1) is a transmission application program with the agency.
Media servers are a smallest pattern, i.e. continuous flow (sream) with a medium content.
Conduct a string work by dividing and transmitting sportss. During the string
The DNA server shall monitor and control the clocks available from the clock on the side of the Clock, and shall do the clocks.
and accordingly, coordinate the string process. By doing so, the employer ceases to provide content.
The functions such as suspension, refluence, and prompt depreciation may also be used without Kim and without permission. U.S. dollars
The server server program from high quality services to the charge and the statistical analysis of users;
2. The network has been pursued by various application programs so that all of the programs can be conducted;
to monitor.
The media server program is based on the exposure to API4, and it is based on this.
Tweweg programs may be operated or may act mutually with other software programs.
of the platform function, which combines a charge claim and customer management software, etc.
available as a business so that digital content transmission business can be conducted.
Media server program operator is an operator of a server operation system, such as the Defendants or Blufs.
Business operators who develop and distribute media server programs, and the plaintiffs or Lice 100
( Real ♤♤♤♤♤♤♤ ) , 주식회사 ①★★★ ( 이하 ' ①★★★ ' 이라 한이 미디어 서버
Only those who develop and supply the program are classified into those who develop and supply the media server program.
(C) In general, the Corporation or C.D. (F.C.) shall be liable to pay the price, and the price shall be determined by the Corporation.
The Plaintiffs sell products in such a manner as to supply products to companies, etc. services 5). The Plaintiffs:
The media server program and singing media service as a self-mony business operator;
All necessary devices are supplied directly to consumers.
B) Media server programs by the Defendants
The status of the release of the media server program by the Defendants is as shown in the table 4 below.
Table 4] The current status of the release of the media server program by the Defendants
C) Media server programs other than the Defendants
(1) Li 000 Li Dom Media servers
L. 100 is a software company with an independent digital media system.
Audio that enables commercial string audio services through the Internet around 1995
server (RealAudio Sver) and luud audio display (RealAudio Plaler) first launch in the industry.
Then, Lice Media server (Realedia Severver), ice displayer (Reallaler), and ice protocol
Au (Reduer) develop and supply a series of digital media products, including, but not limited to, 202
7월경 & ▲▲ ▷♤♤ 서버 ( D♤♤♤♤ ♤♤♤♤♤♤♤l Server , 이하 ' 를 클 한다 .
was made.
(2) The plaintiffs' forest
The Plaintiffs, in their own Internet multimedia strawing (Inet Muledia Streling)
Data content Dredelivery (Data Condelivery) technology, and based on this, develop data content dedelivery technology, and based on this.
2002년 8월경 미디어 서버 프로그램인 D♤♤StreamDirect100 , D D D Steirect200을 출
시하였으며 , 현재 ▷▷▷StreamDirect300 , ▷▷ ▷ StreamDirect400 및 reambitve까지 출
It is time for the state of time.
D D♤♤ 디지털시스템은 미디어 서버 프로그램인 스트림 코덱 ? ) 인 ▷▷▷▷▷
ASP / AVC , 미디어 플레이어인 스트림 플레이어 ( ▷ ▷ ▷ Stream Player ) 등으로 구성되어
supplied.
( 3 ) ◐★★★의 씨비디오
◐★★★은 2001 . 9 . 12 . 설립된 멀티미디어 스트리밍 전문 벤처기업으로 , MPEG
4Standard 4 The classical video files drawn up on the Internet, etc.
SeVides-type video (VOD : SeVides-type video (SeVides-type video)
를 판매하고 있다 . ★★★의 씨비디오 디지털시스템은 그들이 독자 개발한 미디어 서
SeEnc State-border, media display, which is a clex SV/SMA, SMA 8) program
SVWeb Plaler, etc. are supplied.
(4) Other
Other media servers as the media server server servers ( Quickime)
Streaming Server ) , 다 스트리밍 서버 ( Da > ▷ ▷ ▷ Streaming Server ) , ▷ KC & C의 인터
Netia (Intern Eye) is located.
3) Defendants’ W-C-C-C-C-C-C-C-C-C-C-C-
[Attachment 4] 4. 1, Doz. 200 servers, as seen in Table 4, as seen above, the Defendants are either W-4. 1, and the Commission.
U.S.C. 2003: UN 2003: 64 U.S. C., Data Center E.S., Web E.S.
All of the rests except for those, W-9 was combined and sold.
(c) Disposition by the Fair Trade Commission and subsequent proceedings;
1) Deliberation process
주식회사 ▷▷▷▷▷▷▷ ( 이하 ' 다음 ' 이라 한다 . ) 은 2001 . 9 . 5 . 피고들이 윈도우
pointing out that it limits the competition of the Messenger market by selling Messenger in XP
The Fair Trade Commission reported the defendants to the Fair Trade Commission. The Fair Trade Commission has deliberated on the defendants.
around April 2004, the Defendants sold the goods by combining the system of the window server operation and W Dogs (hereinafter referred to as the “act”).
“The combined sales act of this case” and “the Commission’s operation system and the Commission’s media display
(C) From June 10, 2004 to June 10, 2004, the act of selling in combination is recognized ex officio.
It also examines ex officio the illegality of the act of combined sale and the act of combined sale
On October 28, 2004, the Fair Trade Commission began to sell the instant combined goods. The Dom Dom Dom Dom Dom was the combined sales.
shipping to the Fair Trade Commission a report to the same effect as the ex officio recognized.
C. Since then, the Fair Trade Commission shall make every seven times from July 13, 2005 to October 26 of the same year.
The deliberation was held. Among these, the ice Dom Dom Dom on October 13, 2005, and the following corporation:
11. 11. Withdrawal of reports to the Fair Trade Commission on their respective agreements with the Defendants, but fairness;
On December 7, 2005, the Trade Commission continued to deliberate regardless of the withdrawal of declaration. The Defendants’ combined sale
행위들에 대한 최종 결정을 하고 , 2006 . 2 . 24 . 피고들에 대하여 제2006 - ▷▷▷ 로 전원
A resolution of the meeting was made.
2) Summary of the Fair Trade Commission’s disposition
On February 24, 2006, the Fair Trade Commission: (a) the Defendants’ combination sale of the instant products was conducted in an unjust manner; (b)
W. W. Dog, a separate product using the control over the market of the PC server operation system, is the opposite contractual party
It is an unfair act that forced consumers to purchase the media, which is a subordinate product.
It infringes consumers' right to choose goods for server programs, and contact consumers with excellent products.
(2) The media server progn may give rise to any disadvantage to consumers who significantly restrict their opportunity to do so;
A competitor shall be a competitor by hindering competition as a result of the increase of W-Camper in the mar market and fire-fighting phenomenon.
The Monopoly Regulation and Fair Trade Act (this Act) that makes it difficult for a business entity to engage in business activities.
H.O. 'O.'. Article 3bis. 1.3 of the Enforcement Decree of the OO. 'O.', Article 5.3 of the OO.
(2) The media server program market in violation of subparagraph (4).
consumer welfare by restricting competition, and social loss, etc. by impeding technological innovation.
○○○○ Article 3 as an act likely to significantly undermine the interests of consumers.
-2. The violation of the latter part of paragraph 1(5), 3. The excellent in the media server program market;
one competitor's business activities are considerably difficult, and operation of the Commission server, the main product of which is
W Do-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-S
W-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-
It is only that it infringes on the freedom of consumer choice of the other party to the transaction by prohibiting the purchase of the system.
not by price and quality to secure customers by providing high-quality and salt products;
경쟁을 침해하는 것이므로 , 불공정 거래행위 중 끼워팔기에 해당하여 ▦○○○○ 제23
Article 36 (1) [Attached Table 1] 5 (a) of the Enforcement Decree of the ○○○○○○○○○, in violation of the latter part of subparagraph 3 of paragraph (1).
on the ground that the following corrective orders are issued: (a) Defendant Dog-gu amounting to KRW 27.23 billion to KRW 27.2 billion;
Defendant Do Co., Ltd. impose a total of KRW 32.49 billion, including KRW 5.26 billion on Defendant Do Co., Ltd. (in this case, penalty surcharge of KRW 32.49 billion)
H. “Disposition of this case” is called “Disposition of this case.”
A) After 180 days from the date of the corrective order, the Defendants’ operating system of the window server; and
W. W. It shall not be combined and supplied.
B) The Defendants: (a) after 180 days from the date of the corrective order, operate W Dom Dozer servers
W-based Sales and Distribution in an independent manner, and the independence of distribution
No person shall engage in any conduct that is likely to interfere with such conduct.
C) The Defendants are the wind PC transport that is newly released from 180 days after the date of the corrective order.
The main text of the Defendants, including the zero system and the Messenger, and the Messenger, and the Messenger
(E) the supply should not be made in combination (a separated PC operating system): Provided, That:
Establishment of the media display center and 'Mesen' center in the window PC operation system.
The employer is provided with substantial opportunity to get the competitor's competitive product
If offered, it may be supplied by combining with the system of operation of the window PC, and the Mesenger.
(PPC operation system).
D) The Defendants: (a) 180 days after the date of the corrective order; (b) PCs separated from Does and Messengers
The sale and distribution shall be separately made from the system of the Decree, and the monopoly of the sale and distribution of Do and Messenger
No one shall engage in any act that is likely to impair the neutrality.
E) The Defendants were ordered to correct the existing wind PC operation system users from the date of the corrective order
Within 180 days, to the expenses of the defendants, service facts containing competitive products;
The storage and distribution in CDs and the issuance of competitive products through a window may be made.
It is necessary to provide the media display center and the Massen Center.
F) The spatial scope of the corrective order is the window server supplied by the Defendants in Korea.
Operational system and wind PC operation system, and time limit is 10 days from the date of corrective order.
It is the year.
The Defendants are dissatisfied with this and seek revocation of the disposition of this case to the Fair Trade Commission.
The Commission, however, has filed a motion for challenge. The Commission, on June 16, 2006, No. 2006 - No. 027, No. 027, 1.
W-COO operation system and W-CO products, and consumption is made by combining separate products.
W-C-C-C-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P/
In addition, the effect of increasing efficiency caused by the combination sale of this case is extreme.
히 미미하므로 이 사건 결합판매행위는 ▦○○○○ 제23조 제1항 제3호 후단 , ▦○○○
Article 36 (1) [Attachment 1] 5 (a) of the Enforcement Decree of the ○○ is in violation of Article 36 (1) [Attachment 1] and 2]
not include a market for operating a serious server, and at the time of the operation of the entire media content transmission;
The head does not regard it as a subordinate market, and the combined sale of this case in the media server market.
the combined sales act of this case was limited by competition, and thus, Article 3bis, Paragraph 1, Item 3 of the OO:
A violation of the latter part of Article 5(3) and (4), 00 ○○○ Article 3-2(1)5 of the Enforcement Decree of the OOO.
The objection against the combined sale of this case was dismissed.
3) The defendants' litigation progress and agreement with the following corporations, etc.
Defendants are dissatisfied with the disposition of the Fair Trade Commission, and the Fair Trade Commission is the other party on March 27, 2006.
Seoul High Court 2006 206 206 206 2006 2
In the above court, the court was trying to make a judgment through a hearing for about one year and six months.
In addition, on October 10, 2007, the Defendants fully withdrawn the suit against the Fair Trade Commission, and fair trade.
The commission consented to the withdrawal of the lawsuit on October 17, 2007 by the commission. Ultimately, the lawsuit filed by the Defendants is October 2007.
17. The withdrawal of action has been completed.
On the other hand, the Defendants, prior to the instant disposition, on October 13, 2005, riice 000, November 11, 2005
The agreement was reached between the Ministry of Food and Drug Safety, and the following report was withdrawn, and newspaper articles, etc.
Section 30,000,000 U.S. dollars ($ 10,000,000 in cash) as agreed upon by the Defendants to:
The provision of advertisements equivalent to USD 10,000,000,000,00,000,00 or more, the provision of opportunities for business cooperation in size of USD 1 and million, etc.
reported that the payment was made.
[Evidence] Gap evidence Nos. 1 through 5, 39, 41, Eul evidence Nos. 1 and 4, dispute-free facts, and pre- pleadings
The purpose of body
2. Summary of the parties' arguments;
A. The plaintiffs
1) Illegality of the combined sale of this case
The defendants are separate products taking advantage of the market dominant position in the PC server operation system market.
W -W Dob Dog Dog Dog Dog Dog Dog Dog Dog Dog Dog.
W W Do-C-C-C-C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-
(B) induce not to purchase the program, and between the digital media system components;
W-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-
Media server pro by unreasonably impeding the plaintiffs' business activities, which are competitors in the Chapter;
Since competition in the gram market has impeded other enterprisers' business activities, it has become difficult to do so;
사건 결합판매 행위는 ▦○○○○ 제3조의2 제1항 제3호 , ○○○○ 시행령 제5조 제3
In violation of sub-paragraph 4 of this paragraph.
In addition, the combined sales act of this case does not want the media server program to consumers.
In addition, consumption of media server programs by compelling the purchase of media server programs
of such products that infringe upon the choice of such products and that consumers bear additional costs and that they have more excellent products;
The opportunity for consumers to access excellent products shall be restricted by taking out the entry and media;
Restrictions on competition in the server program market, thereby reducing the welfare of consumers, hindering technological innovation.
Since ○○○○ Article 3-2(1)5 significantly undermines consumer interests, the latter part of Article 3-2(1)5.
However, it violated this clause.
In addition, the Defendants combine W - which is a product ancillary to the system of operation of the window server, which is the main product.
W-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S
under section 24(3) of this Act to prevent consumers from infringing upon their freedom to choose goods and to compete with their price and quality;
을 저해하였으므로 이 사건 결합판매 행위는 ▦○○○○ 제23조 제1항 제3호 후단 , ▦
Article 36(1) [Attachment 1] 5(a) of the Enforcement Decree of ○○○○○○○, which violated the title.
2) Liability for damages
The plaintiffs are subject to fair terms due to the defendants' unlawful act of combined sales of this case.
The loss of opportunity to dispute and the loss of enormous business caused by the suspension of entry into the market;
The plaintiffs were suffering from injury, and the plaintiffs set up roles according to the market (foreign/domestic) and business (development/business).
However, expenditure and revenue as a single economic entity, research personnel, and business personnel;
Since they were jointly owned, they have an indivisible damage claim against the defendants' illegal acts.
Therefore, pursuant to Article 57 of ○○○○○○, the Defendants were to each of the Plaintiffs, and the Defendants were to be around them.
1, 28.9 billion won as a part of the total amount of damages that has occurred or is likely to occur in the future 10.0
1. The costs of burial based on the records of all the expenses actually paid by the plaintiffs
4. Total amount of KRW 397, 476, and 00 in total, KRW 5,206, 192,089 in the future and KRW 397, 476, and 00 in the future
(4), 808, 716, 089 + 397, 476, 000) and 2) have occurred or may arise in the past to the plaintiffs;
There is a responsibility to compensate for damages of the lost profit 3, 665, 557, and 696 won which is likely to be probable.
B. The defendants
1) Abuse of market dominant position and failure of unfair trade practices
A) An error in the main product market
The plaintiffs are limited to the 'PC server operation system' market for the main goods market.
Although the 'Operational System' market was excluded, the 'PC server operation system market' as claimed by the plaintiffs is individual.
The belief itself is unclear.
In addition, ① server operation system that is loaded on both different types of hardware is operated.
(2) Users (an enterprise that mainly uses servers) are engaged in various operations.
(iii) in fact, the operation system of various types of servers and hardware are considered substitute material;
(4) Manufacturers are being replaced by a server computer with different capacity.
The fact that the PC server operating system and the serious server operating system are being publicized as a substitute; 5.
The type of work performed by the server using different series of books is reasonable;
In light of the fact that part overlaps, "the operation system of the PC server" and "the serious type" in the actual market.
A real competition between "the server operation system" takes place, and different functions are different.
It can be known that there is a considerable demand and supply substitution between the server operating systems.
It is unfair to limit the product market to the PC server operating system market.
B) an error in the subordinate product market
The Plaintiffs limited the subordinate product market to the “media server Program” market, but actually limited to the actual market;
In the digital media content transmission market, singing, downloading, progresponding in the digital media content transmission market
D. Competition between the Egyd transmission method, and the difference between each transmission method due to the development of technology.
As a result of the gradually decrease, it is difficult for end users to distinguish each way from each other, and each transmission bank shall be made.
Since conversion has been actively made between food, the subsidiary product market shall be all digital media.
Since the content transmission market should be the content transmission market, the subordinate product market is the media server program market.
Limited is unreasonable.
2) In the event of failure to sell the motor vehicle
A) Whether a separate product is a separate product
Functions performed by the server have been expanded and diversified along with the development of computer technology.
Since many consumers want multi-purpose servers, the server operation system also requires consumers to operate the server.
by adding various functions to meet the needs, thereby expanding and diversified functions;
However, the operation system has been developed in the form of operation system.
The development of the digital media content market makes it possible to transmit digital multimedia data.
Consumer's demand for the solution of digital media transmission, the function of which is to do so, has increased rapidly, and is avoided.
W. They may carry out a setting function in order to meet the needs of consumers; W-Do Do Do Do ur.
Inasmuch as the server operation system was added to the server operation system, W-C is not a product separate from the window server operation system.
d) One of the functions of the system for operating the wind server, which is not a component of the system for operating the wind server.
of this chapter.
Therefore, the combined sale act of this case is not illegal with sale but favorable to consumers.
the function integration 10)
B) Whether the purchase is forced or not
'Purchase' is supplied free of charge on the premise that W-C will be sold at a price. However, W-C-C-W will be sold at a price.
In this sense, since the Defendants did not sell W-C-B, they are forced to purchase ‘the purchase' or ‘the sale'.
subsection (1) of this section.
In addition, W-D is not basically installed in the window server operation system, but the window is not basically established.
It is only the selective component of the system for operating the Doba server, and it is also a lawsuit that purchased the system for operating the Doba server.
B. The process of establishing WD is necessary for those who do not use WD, and the users are different.
The Commission's operation system for media transmission can be used together with the Commission's operation system.
Moreover, consumers of media server programs are content providers, which are not digital.
When choosing the section for transmission, taking into account the overall quality as well as the price when choosing the section for transmission;
W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-B
Since it is not used, W-Do Do Do Do Do Do Do Do Do Do Do Do Do Do
The Defendants cannot be deemed to have forced consumers to purchase W-Cams.
C) Whether competition-restricting measures are inappropriate
(1) Whether W.C. Doescis
Operation of a serious server without limiting the main product market to the PC server operating system market.
W Doese users because the Defendants’ market share is significantly low if it is included in the system market.
It can not be seen that it is biased on the computers of the people.
(2) Whether competition is limited at the price
There is no proof that the competition has been restricted by the provision of W/C by the Defendants without compensation;
In the event that the Defendants provide W-C-B for a fee, they may protect competitors;
Since there is a concern for serious damage to consumers, the provision of WL free of charge by the Defendants is illegal.
not be deemed to be an act.
(3) Whether competition by network effects is restricted or not
W. Various servers programs, including W Does, media displayes, and media formats shall mutually name.
It is possible to exchange, and due to the development of the super-high speed Internet, it is easy to free download the media display.
actual digital media content transmission market shall have different digital media systems.
Since multiple and multiple uses are widely occurring between Dgital Media Systma, digital use is widely known.
There is no exclusive inter-existence between media system components.
Today, in the digital media content transmission market, various clex, format, media display
In addition, the Defendants are strongly competing with the media server program, and the media server program by the Defendants is the Commission.
Many new business operators enter the market even after they are included in the operating system;
Inasmuch as competition with the Defendants is conducted, competition is limited by network effects.
of this section.
3) Absence of causation
A) Whether to block entry into the market
The Plaintiffs included W Do-9 in the Commission server 2003 around April 2003 by the Defendants.
Although it is alleged that the entry into the relevant market was obstructed, the Defendants had already been engaged in the media server from 1996.
The program has been included in the program in the system for the operation of the window server, and from February 2000, W Do-W-Do is also a window from February 2000
The plaintiffs have been included in the U.S. server operation system. However, the plaintiffs thereafter in the market around August 2002.
Accessed, after February 2002, at least 20 digital companies, other than the plaintiffs, from 13 companies.
The media transmission was initiated by 12 or more companies even after April 2003.
Since the product was released, the plaintiffs' entry into the market is obstructed due to the combination sale of this case.
It can not be seen that it had been seen.
B) The Defendants’ combined sales act and the absence of causation between the Plaintiffs’ damages
Consumers of media server programs are IT experts, and the price, quality, and stability of transmission chains as IT experts.
shall select the most suitable transmission chain for its own project, taking into account all sex, etc.;
W Do-based is included in the system for the operation of the window server, and does not select W Do-based.
Therefore, the plaintiffs are not due to the combination sale of this case, but due to quality, price, and death of the plaintiffs' products.
Since it did not have market competitiveness in terms of post-management, it was lost.
In addition, since the plaintiffs' forest is products optimal in R& & & &, it is an operator of the windline server.
The consumers who purchased the product are not included in the window servers, regardless of whether the product contains W Dols
H. H. 264co for the string of the chemical quality, the string is not likely to use the product.
Dexexpexed products with W-O(W-9), excluding W-O(9), W-O(W-O) products are different from the Mayor.
It cannot be seen as being.
3. Determination
(a) Whether to abuse a market dominant position;
(i) the primary product market;
A) Facts of recognition
Gap evidence Nos. 2, 3, 13, 41 and Eul evidence Nos. 5 shall be comprehensively taken into account the purport of the whole pleadings.
Recognizing the facts such as negative.
(1) The PC server operating system is mainly listed on the server computer, but is a serious server.
The operating system is non-performanceable non-performance of the system of self-management - x86 affiliated12) server computer.
This product is loaded and the product difference causes functional differences. Accordingly, the operation of the PC server.
The system is primarily a web server, a mination server, and a simple processing platform such as a mination server.
In contrast to the use in the UN (frront -end server 13) servers, most important tasks are the operating system of a serious server.
It is used in 00 Bad (back -end server 14) such as a database server used exclusively for the Corporation.
(2) The operating system of a serious server and the PC server operating system are used for each hardware.
Since the method of designating the address of the CPU, order-based collectives, etc. are different, the PCB operating system is different.
Non-life compensation - A serious server hardware with CPU of x86 affiliated department can not be used.
( 3 ) 썬의 솔라리스의 경우 제품명이 같더라도 x86 CPU에서 작동되는 ◈◇◇ 서버
The operating system and non-life compensation - the small server operating system operated in x86 CPU are different products.
Therefore, the non-life damage - the serious server with x86 CPU is installed by the consumer to purchase x86 CPU risk.
The computer cannot be loaded on the computer, and the operation system of the & server is also the same.
(4) The amount of work performed by function in charge of server computers around 2004 is as follows:
Table 5] Quantities of server computers
A person shall be appointed.
(5) Since a serious server operation system can only be loaded on a serious server hardware, PC
To convert consumers who already use the server operation system into the serious server operation system.
purchase of high-priced new hardware and surrounding devices as well as new operating systems;
and, at the same time, there is a learning cost to learn new application programs and adapt to a new system.
(1).
(6) The price of the PC server computer including the operation system of the PC server is one million won to five million won.
However, the value of a serious server computer, including the operating system of a serious server, is 5 million won to 10 million won.
It is not less than a billion won.
( 7 ) 휴 ☆ , ( D♤♤♤ ) , A④ 등 하드웨어와 중대형 서버 운영체제
suppliers supplying the PC server in whole shall be the PC server operating system market and the PC server operating system market.
The sales and marketing strategies are set up separately.
(8) The lowest price representative server is a "voveme", and in the case of 2004, x86 affiliated servers.
Only 13% of the withdrawn amount occurred in a superior server, and non-performance claims - sales of x86 affiliated servers
14% only occurred in the “voveme” sentence.
(9) LOWITN ACT. - In the past, several operations carried out by x86 books of contract are x86 books of contract
The number of cases by the heat servers is increasing, and accordingly x86 affiliated servers are transferred.
The ratio of sales to the physical server market is from 22% around 1996 to 53% around 2005.
The increase was made.
(10) One of the operating systems in which distributors of serious servers operate multiple PC servers.
There is a case of advertising the conversion into a large server operating system, but such conversion actually leads to such conversion.
example is extremely rare and between the PC server operation system in Korea and the operating system of the company server.
The ten cases, which are considered to have been returned, are non-lifeable - non-life - non-life x86 professional report has been carried out.
Work shall be done in the form of converting it into that carried out by many members of the Department x86.
2.
(11) Content providers may promptly transmit to the Internet users scattered in many places.
In order to provide road content, the CDN service is used, each connection point is a list.
Since the mining media server must necessarily exist, the minging media server shall be distributed to each connection point.
어 서버로 사용되는 여러 대의 PC 서버를 한 장소에 위치한 1대의 고성능 ◈◇◈ 서
It is difficult to replace with Bur.
(12) The 5% of the domestic Internet broadcasting companies uses the PC server operating system, and is domestically used;
The current status of hardware used in the string service is as listed below:
【Ban 6】 The present state on the basis of the media server hardware
A person shall be appointed.
B) Determination
(1) the price of the particular product traded for a considerable period of time;
If the level is increased, the representative purchaser of the product may convert the purchase in response thereto.
a set of goods, including the similarity of the function and utility of the goods, similarity of the value of the goods, purchase
Recognition of their replacement and awareness of the substitutability of the sellers, etc. comprehensively
Considering that determination should be made.
(2) According to the above facts, the operation system of the PC server and the operation system of the company server, 1. Use
There is a big difference in the function and value, ② there is a big difference in the value, ③ the PC server operation system
If a consumer who is employed intends to use a serious server operation system, many monetary, time, and learning;
(4) The suppliers of server operating systems are also divided into both, and the sales strategies, etc.
Establishment and supply of a management plan pursuant to the plan, and ⑤ de facto string business operator;
Most of them use the PC server operating system, and 6. The transition between different operating systems is mainly made.
In the operating system of a serious server, it is converted into the PC server operating system;
In the PC server operation system, the transition to the operating system of the serious server is almost rare.
(1) This is the progress of the technology related to the PC server operating system, and the previous system is the operating system of the PC server.
As a result, the operation system of the PC server may also be conducted, cost-saving sources may also be reduced.
any point made in the subsection of this section.
In light of the above various circumstances, the PC server operation system and the operating system of the company server.
W. In terms of demand and supply, W.C. sales is related to W.W.
The relevant market for the main product shall be deemed the PC server operation system market, and a serious server.
Since the operating system is not included in the main product market, the above states by the defendants shall be deemed not to be included in the product market.
The head of the office shall not have any reason.
(ii) the ancillary market for goods;
A) Facts of recognition
Gap evidence Nos. 2, 3, 40, 41, and Eul evidence Nos. 2 and 31 shall include the purport of the whole pleadings.
In other words, the following facts are recognized:
(1) Stinging, Gid (grid), 15) Round, 16) Progressive (progress) Round17)
The transmission method has a certain functional difference as shown below 7).
[Attachment 7] Comparison of Digital Media Content Transmission Method
A person shall be appointed.
(2) The media server program is a medium server program in both the way of downloading and setting up the media file.
common, but normally, they are used for string, and the Round is mainly through the web server.
Web servers also take place in theory through HTP, HTP, HTP, in the theoretical sense.
This string is allowed to do string, but this strings through an exclusive string programming protocol.
The rate of speed and quality normally falls short of the string using the DNA server program.
With the development of Russa technology, these problems are gradually improved.
(3) Web servers are included in most major PC servers operating systems, but not yet.
In the case of a DNA server server program, the operation system of the window server and the OSX server operation system.
include only such information.
(4) Digital media elements must coincide with each other used in each content transmission method.
Therefore, when replacing a server program by changing the transmission method, ctrins, strins, U.S.
It is also necessary to develop DNA display, etc. independently or independently.
(5) In order to provide digital media content in multiple formats, one format shall be used.
제공하는 경우와 비교하여 30 ~ 70 % 정도의 인코딩 비용이 추가로 소요되나 , ♤☆버 ,
♤☆☆직 , 씨♤☆☆ 등 콘텐츠 사업자들은 동일한 콘텐츠를 스트리밍과 다운로드 방식
There are many cases where all B are provided.
(6) In the case of gyd transmission method, the p.m. p. user’s PC servers by the content provider.
(1) The risk of causing users to feel at the speed of the PC, or of leakage of information by piracy;
the P2P network may not be secured if there is a risk that may increase the P2P network;
It is easy to place restrictions on the volume for the string of video content, in particular, in the course of its setting.
NHN was engaged in content transmission business using an ethic transmission method, but, however, the content transmission business:
In the event that users use the PC server for a long time, the shortage of users' PC servers
Considering that there is a possibility that there is a risk of a wound, it has suspended the recreation project.
(7) As of April 2009, the content transmission method or transmission method among the 120 domestic websites
Cases of converting logs into different ways are as listed below:
【Attachment 8】 Change of Transmission Method
(8) The business of providing string services using the web server among the 120 domestic websites.
The number of body shall be as listed in the following table 9:
[Attachment 9] The current status of the web server used for the singing service
A person shall be appointed.
B) Determination
According to the above facts, ① Media server program is mainly string service, web server service.
Bber Program is used in the Round and the probrid Round, and ② Polinginging.
Rodd, whether the transmitted content is stored in a hard disc, free of charge, between progresponds;
Scope of the movement of a just screen, LB, Multi-liveting, sstring (fsting), sstring, sstring;
The possibility of tring (instring), whether or not the possibility of use during the movement, etc.
(3) the consumer, the principal business market by which each transmission method is mainly used;
Since the payment method of content transmission shows a clear difference, 4. Contents business operators are:
Transmission of contents by specific means in order to accept all customers in each market.
Use both the Round and the probrid routing method and the string method without gathering it.
(5) Price of web servers and media servers itself; and
In addition to the difference, when changing the content transmission method, the relevant digital media system
There are many cases where monetary and time expenses are significantly required due to changes in components; 6
The media server program is mainly used in the case of e.g., a medium server, which has a function similar to the programming.
The possibility of using PC and causing users to feel the performance of PC, and the possibility of leakage of information by piracy;
There are many consumers who feel rejection of use, and 7 changes between transmission methods.
However, considering the overall market size, the transition of transmission method is widely accessible.
It is difficult to see that there is a media server with the largest proportion as well as difficult to see that there is a media server.
The transition from the program to the web server is due to the development of technology to the web server that can be realized by the web server.
The level of setting is limited to the increase rapidly in the recent years in the progress, and the second portion is a large proportion.
Even if examining the conversion from the singing method to the singing method, the singular transmission method is mainly intended.
Nature of a server program used for transmission because it is made through the media server program.
It is known that there is no big change in water quality.
Under the circumstances, content providers, who are users of media server, are media servers.
and due to the function, utility, and differences of the web servers, both are recognized by classifying them;
(v) the value of the media server program is increased to a significant level;
In response, it is held that the purchase does not change to the web server program, etc.
As such, the web server server program market is not included in the subsidiary product market. Accordingly, the subsidiary product market is not included in the subsidiary product market.
Note to the purport that the goods market is all digital media content transmission markets
We cannot accept this Chapter.
3) Whether a market dominant enterprise is a market dominant enterprise
▦○○○○ 제2조 제7호에 의하면 , " 시장지배적 사업자 " 라 함은 일정한 거래분
the price of goods or services as a supplier or customer, alone or together with another business;
agency having a market status that can determine, maintain, or change quantity, quality, or other terms and conditions of transactions;
In determining this, market share, existence and degree of barriers to entry, competitors, and competitors.
The relative size of one enterpriser should be comprehensively considered. However, the market share of one enterpriser should be considered.
50/10 or more in a particular transaction area, or a combination of market shares of three or less enterprisers.
계가 100분의 75 이상인 경우 시장지배적 사업자로 추정한다 ( ▦○○○○ 제4조 ) . 한편 ,
The market share shall be the business year immediately preceding the business year in which the end of the suspected violation ends.
The relevant entrepreneur from among the amount of goods or services supplied or purchased in Korea for one year;
The proportion of goods or services supplied or purchased in Korea means the proportion of goods or services: Provided, That the market share is the market share;
(2) If it is difficult to calculate on the basis of the amount, it shall be based on quantity standards or production capacity.
(Article 4 (2) of the Enforcement Decree of ○○○○○○).
In full view of the purport of the entire pleadings, the statement in Gap evidence Nos. 2 and 3, 201
J. by the year 2003, in the domestic PC server operation system market, the Defendant’s window server operation system is H.
then - Dog- - Dog- - Dog- - 75% on the basis of shipment volume and sales as seen in the Dog-Dog.
It is recognized that there is a market share in the market share.
따라서 , 피고들은 ▦○○○○ 제4조 제1호에 따라 PC 서버 운영체제 시장에서
Inasmuch as the Defendants should be deemed a market-dominating enterpriser, the time for the PPC server operation system market
The Defendants’ assertion to the effect that it is not a general manager is also unacceptable.
Table - Do- - Market share in the domestic PC server operation system (the shipping volume standard, unit rate)
【Dol-Dol- Domestic PC server’s market share (e.g. sales standard, unit rate)
A person shall be appointed.
4) Whether there is a disadvantage to the opposite contractual party
A) Whether business activities interfered with
(1) Whether it is a requirement for commercial value
IV. 3.3 of the Fair Trade Commission Notice No. 2002 - Standard for Review of Abuse of market dominant position No. 6
D. (3) According to Article 3-2(1)3 of the OO and Article 5(3)4 of the Enforcement Decree of the same Act
Unfair business activities of other business entities among abuse of market dominant position prescribed in subparagraph
that would be unreasonably unfavorable to the other party to the transaction.
Act of compelling a transaction or act to make it difficult for another business entity to carry out its business activities.
(1) The term "as defined in this section."
살피건대 , ▦○○○○ 및 같은 법 시행령은 시장지배적 지위 남용행위의 성립
subsection (1) of this section does not provide that consumers shall purchase a subordinate product for the purpose of
J. IV. 3. D. (3) of the above review criteria only provide that "transaction" is a simple transaction.
It is not limited to only "transaction for value".
Therefore, Article 36(1) [Attachment 1] 5-A of the Enforcement Decree of the ○○○○○○○ [Attachment 1]
Unlike the requirements of the above, the value of the subordinate product is essential to the establishment of an abuse of market dominant position.
In addition, as seen in paragraph (2) below, the defendants consume W-based Products as follows.
Since it is reasonable to see that the Defendants’ assertion appears to be one mother to sell it for a fee.
B. We cannot accept it.
(2) Whether the business activities of other enterprisers are unreasonably obstructed
The system of the operation of the windline server and W Dol are separate products, but the system of operation of the windline server is also different.
consumers who intend to carry on digital media content transmission business are subordinate goods.
W Does not purchase the window server operation system, which is the main product, without purchasing W Do-C-C-C-S-S-S-S-S-S-S-W.
W-C-C-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-
In order to use a DNA server program, the media server program with considerable additional costs.
purchase, as well as WMT19) and a media format which is open to the Commission, in the digital media market.
Since content is biased, consumers are likely to choose W Doescl as media server program.
In fact, it will be high, and there are considerable circumstances that consumers in choosing W Do-based.
Then, after the combination sale of this case, W-C-C-C-C-P-P-P-P-P-P-P-P-S
The exclusion of riice media servers from the market is as follows:
Therefore, the Defendants’ act of combined sales is to control the market of the PC server operation system market.
abuse of power to prevent the business activities of other business entities in the media server program market;
해하는 행위로서 ▦○○○○ 제3조의2 제1항 제3호를 위반하였다 .
나 ) ▦○○○○ 제3조의2 제1항 제5호 위반 여부
(1) Facts of recognition
include the purport of the whole of the pleadings in the statements in Category 3, 9, 10, 11, 12, 15, 16, and 19, respectively.
The following facts are recognized:
(1) If a new function is added to the operating system, other parts of the operating system and the application program.
corporation without the need to develop or maintain its own codes in order to provide integrated functions.
by adding to the operating system of the new API, the developers shall comply with the request.
be developed at a lower price than that of the available program or less than that of the same expense.
The function can be included in the function.
(2) The initial operational system of the window server, which is not included in the initial operational system, but has been developed thereafter.
In the case of additional functions upon their release, sale as a separate software in the past or in the present.
In many cases, the prices of such software are as listed in Table 11 below:
[Ban 11] Price of individual goods with a similar function as provided by the window server operation system
A person shall be appointed.
A person shall be appointed.
3. Some content business operators and applied program developers of this case by the Fair Trade Commission
W.1.(c) In the course of the proceedings described in paragraph (3), W-D will be included in the system of operation of the window server.
W. W. Doescing the development of the applied program utilizing the string function, and W.
In the case of transmission, the Commission is also responsible for the additional cost to be incurred.
I express my opinion that W-based removal from W-based server operating system.
(2) Determination
○○○ Article 3-2(1)5 (latter part) is unreasonably low in the interests of consumers.
The "act that is likely to be detrimental to the market dominant position" is defined as the abuse of market dominant position.
the Enforcement Decree or the Fair Trade Commission with respect to the detailed criteria of the "act which is likely to substantially impede"
"Consumer's interest" in this context is not provided for in the notification of the Commission, but the state of competition.
If the market was competitive in addition to the benefit of free choice, the consumer
interest that can be enjoyed is the benefit of the price, quality, service, etc. of the good.
석할 수 있다 . 한편 ▦○○○○ 제3조의2 제1항에서 ' 상품의 가격이나 용역의 대가를
Unfairly determining, maintaining, or changing a determination, maintenance, or alteration; 'the sale of goods or the provision of services';
"Act of controlling", "an act of unreasonably impeding the business activities of another business entity", and "a new competitor"
Prohibition of abuse of "an act unreasonably interfering with the participation of the business owner", etc.
“Any act which is likely to unreasonably prejudice the interests of consumers” as above.
an act infringing the interests of consumers, not only in the case of an infringement, but also in the case of an infringement
In light of the language of the term “contribute to substantially impede”, the term “contribute to substantially impede” may occur.
It should be seen that the possibility of such infringement is relatively direct and apparent.
것이다 . 나아가 이러한 소비자의 이익을 현저히 저해할 우려가 있는 행위는 ▦○○○
○ Unreasonable interference with the business activities of another business entity under Article 3-2(1)3.
Inasmuch as the interests and interests of the above are different from those of the above, the action, regardless of whether the "act interfering with business activities" is constituted.
It is necessary to determine whether there is an act that is likely to substantially undermine the interests of the non-party.
W. W. Doing to use W. Does among consumers who purchase a system for operating the window server.
Consumers are only limited to parts, but the prices of W-Cererer servers are the prices of W-Cererer servers.
W-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-
W. The fact that there was an infringement of right of choice on the purchase of W-C-C-P-P-P-P-P-P-P
B. As seen in paragraph (2) below.
However, the following circumstances recognized in each of the aforementioned evidence and the above facts admitted:
비추어 보면 , 피고들이 PC 서버 운영체제에 W _ 를 결합하여 판매한 행위는 ▦OOO
○ It might unfairly prejudice the interests of consumers under Article 3-2 (1) 5.
It is difficult to see that it falls under "act".
① Other media records consisting of W/C installed in the PC server operation system of the Defendants.
However, it is not possible for consumers to install a media server program, and the consumers have different media server program.
purchase and use.
② The Defendants restrict competition in the media server program market, and obstruct entry into the media server program market.
Ultimately, the fact that technological innovation has been reduced by forming technology innovation is reduced indirectly by reducing technology innovation.
that would prejudice the interests of their people, which alone is a direct consumer interest.
It is difficult to say that there is a high risk of undermining ' significantly'.
(3) If a new function is added to an operating system, a program developer shall apply the program.
be developed at lower prices or containing more extensive functions at the same expense.
The product can be developed, and each function of the window server operation system can be developed by consumers individually.
(b) if the purchase is made, it would require a strict cost, but various functions in the operation system of the window server.
enables the use of various functions for relatively low costs because they are included;
Where the consumers who purchased the system of operation of the window server intend to engage in the media transmission business later;
W-C-C-C-C-C-C-C-C-C-C-C-C-C-C-
④ 소비자들은 따로 원고들이나 리얼♤☆☆☆ 등 피고들 이외의 다른 미디어 서
B. In the case of the purchase of a product by a program company, the amount much greater than W - which the Defendants sell.
such price shall be paid.
(5) Business operators who intend to engage in content business generally purchase hardware and operating systems.
Then, rather than purchasing media server programs, any media server program in advance.
The use of hardware, operating systems, and media servers are determined accordingly.
It seems that a thickness is purchased.
Considering such circumstances, the combination sale of this case’s interests are considerably significant to consumers’ interests.
Therefore, this part of the plaintiffs' assertion is without merit.
(b) Whether they are sold;
1) Whether a separate product is a separate product
A) Facts of recognition
In full view of the purport of the entire pleadings in Gap evidence 2, 3, Eul evidence 2, and 3
Recognizing the same fact.
(1) As the function of hardware is improved and the use of computer is expanded, the PC operating system is operated.
These functions have been gradually expanded, and these functions have first been independent software.
In the form, it appeared in the form, and in addition to the operating system, it is sold by other entrepreneurs.
Many were involved.
(2) The development and supplier of the PC server operating system shall produce a new product at the time of the release of the new product.
more functions than the products of the Gu products and competitors, and they are advertising;
They also call the Sclerable Phphones when presenting the Scler scopher of the operation system of the winder server
(s) New functions, such as sclance Front, 20) Multimedia expansion (mtimedia exclaters 21)
In addition, the system for the operation of the wind server has been able to perform more functions.
(3) As a result, the current main server operating system supports the functions such as the table 12 below.
section 22.
Table 12) Functions between each server operating system
A person shall be appointed.
A person shall be appointed.
(4) The operating system maintains the basic function of the computer and applies software (see, e.g., Constitutional Court Decision)
soft e) System Software that serves as a foundation for operation of 'Syemft e
22) The term “B” means “B” and, among them, the server operating system is a network such as the control of the server and the sharing of files.
With respect to the whole monitoring and control, or with other networks through the presses (the frame) and communication networks;
A person who hardware, such as connection, data, program, file resources, or method, facsimile, printer, and other equipment;
There is a function to share the source.
(5) The media server program is based on the server operating system. (5) The media server program
As an application software to provide a license, broadcasting, public relations, video image, music via the Internet;
It is used to provide services, etc. in real-time or real-time video service.
(6) The user of the system that operates the window server shall be the person who operates the window server in the way of operating the window server in a safe way.
It may be installed and removed, and the system of operation of the window server is no problem even if W-C is removed.
this work well.
(7) The Defendants do not sell W-4.0 combined to the NT server’s operating system.
W. W. 4.1 on the 2000 servers, consisting of W. 4.1
the Commission's NT server operations system users even after commencement of such sale
WW 4.1 was provided separately.
( 8 ) 피고들은 시♤☆ ( C♤☆☆☆ ) , ♤☆☆☆☆☆☆☆ ) 등과 같은 독립 소프트웨어 제
Industrial (Indedest Soft Vendor: ISV) media technology and protocol for its commission to the industry
In addition to the server operation system, the license is being granted.
( 9 ) 서버 운영체제 제조 · 판매업자인 주식회사 ◎♥♥♥♥ , 20000 주식회사 ,
레♤☆ 28 , ☆ 08 , 휴♤☆☆☆ , 아♤☆☆ 등은 서버 운영체제만을 판매할 뿐
미디어 서버 프로그램을 운영체제에 포함시켜 판매하지 않는다 . 원고들이나 ①★★★ ,
리얼♤☆☆☆와 같이 서버 운영체제와는 별도로 미디어 서버 프로그램만을 개발 · 공급
There are many business operators.
(10) Consumers of the system of operating the window server also choose W-B media server program.
purchase of media server programs separate from the PC server operating system; and
며 , 쌘스트림 , 씨비디오 , 리얼미디어 서버 등은 크로스 플랫폼 ( cross platform ) 으로서
Since it may be installed and used in a variety of server operating systems, consumers may choose any operating system.
The media server program can be freely selected regardless of whether or not.
B) Determination
According to the above facts, according to the development of technology, the business operators are diverse to the PC server operation system.
The PC server operation system has been developed in the form of the PC server operation system by adding functions to one function.
The points shall be recognized.
However, ① Operational System of the PC server and Media server Program are significantly different for use and function;
(2) The employer safely installs W-based servers by changing the server at any time; or
It can be removed in light of the fact that the server operation system works well without any problem.
W-W Does can not be deemed as a very weak component of the system of operation of the windline server, and 3 U.S.
A DNA server program will normally be supplied at a reasonable price separately from the PC server operation system.
(4) The consumers purchase only media server program separate from the PC server operation system.
(5) Media server programs are normally designed as a law platform.
of the PPC server operating system selected by the consumer, and is normally written without being distorted;
(6) The Defendants also have the media server program prior to the combination sale of the instant case.
Section B supplied separate from the system of operation of the window server, and 7 The PC server except the Defendants and the displayle.
No business operator who combines and sells media server programs in the operating system does not exist;
(8) In the case of display, the PPC server operating system market and the market in the media server server program market.
As share is extremely low compared to the defendants, it cannot be compared to the defendants, and 9
The reduction of speed increase, the improvement of ctrins or strins, strikeing, and strikeing time by combination;
W. W. Does not want the effect of improving the performance and increasing the efficiency, so the action does not want W.
W-L-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S
It is very important to install media server programs for consumers who wish to do so to operate the Commission server.
It can be easy to find out facts.
In the same way, the development process of a criminal server operating system following technological innovation alone is not sufficient.
W. It is difficult to see that W Dol is merely a component of the Public Committee server operation system, and W Doldom is a window.
It is reasonable to see that it is a separate product from the server operation system.
Therefore, the combined sale of this case by the Defendants is beneficial to consumers.
Therefore, this part of the defendants' assertion is without merit.
2) Whether purchase is forced or not
A) Facts of recognition
Gap evidence 2, 3, Gap evidence 35-1, 2, Gap evidence 36-3, and Gap evidence 41
In full view of the overall purport of the pleadings, the following facts are recognized.
(1) In order to develop media server programs, the Defendants are 540,000,000,000, Lices.
♤♤♤는 326 , 093 , 000 달러에 달하는 비용을 각 투자하였으며 , 원고들과 ★★★도
considerable costs have been invested.
(2) Of the 2003 Operational Systems, M& & R&D are sold in USD 772.97.
on the other hand, up to 10 functions, such as media server programs (Internet certification services, network hub)
It is sold to USD 25 on 369.25.
(3) The Defendants do not allow W-Camps to be used free of charge. (3) The Defendants do not allow W-Camps to be used free of charge.
Therefore, the customer who wishes to run W-based 9 L-Cad in the Gu server of W-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-
203. The purchase shall be made.
(4) Of the 2003 Operational System, the Web Access does not include W Do-C-C-C-S-S-S-S-S-S-S-S-S-S-S-S-S
No other entity may establish a media server program (the media server program).
When intending to install a discharge, a light that recommends the use of other products of the window server 2003.
(2) The message shall be no longer ever ever ever ever.)
(5) Only 9% of the NT server used in Korea, and only 7% of the NT server 2000.
“The Color and Common Comvers (Sing Media servers, Roston Meston);
The term "fax server, etc." is used as ".....)", and at the 2003 Publication Meeting of the Commission server by the Defendants
the Commission's server 2003, a survey made on what use the Commission's server is.
The results are as follows:
(No. 13) The purchase purpose of the window server 2003
A person shall be appointed.
B) Determination
(1) Whether it is a requirement for commercial value
According to Article 36(1) [Attachment 1] 5-A(a) of the Enforcement Decree of the OOO, the OO § 23
Details of the sale of mos among the unfair trade practices provided for in paragraph 1(3) of this section
'The supply of its goods or services to the other party to the transaction' shall be in accordance with normal transaction practices.
purchase of other goods or services in an unjust manner or from a business entity designated by it.
It is defined as ‘act that makes it possible to do'.
Pursuant to subparagraph 5 (a) of attached Table 1, the business he/she or it designates under his/her own or his/her own business.
purchase of goods or services from a person, and "purchase of goods or services" means the purchase of goods or services.
A. In that it assumes that the sale of goods is one of the unfair trade practices in that it is premised on the commercial value.
It is required that the value is required to be paid.
(2) Whether the Defendants sold W/C at a cost or at a cost
According to the above facts of recognition, development costs of media server programs are less investment than the defendants.
한 리얼♤☆☆♤ 등 경쟁 사업자들이 미디어 서버 프로그램을 상당한 가격에 판매하고
On the other hand, the defendants who invested a relatively large amount of expenses set up a separate price and W Do-B
WL, etc. includes products that do not sell but do not contain W-C, etc.;
the product is sold at a lower level than that of the product. [$ 403.72 ($ 97, 772 - USD 369, 25, )].
section 26(3) of this title.
For this reason, the defendants set a separate price and sell W Dois separately.
instead, the system for operating the window server by including the price of W-C-C-C-C-C-C-C-C-C-C-W-C-C-C
W. Then, after calculating the price, by selling W. W.W. and windline server operation systems as a whole; and
W. It is reasonable to view that the consumer forced the payment of expenses for W/L to the consumer.
Therefore, the defendants should be deemed to have sold W-C-C-P-P-P-P-P-P-P-P-P-P-P.
(3) Whether compulsory purchase is recognized or not
Whether compulsory enforcement is recognized or not shall be separately provided to the other party to the transaction for the main goods and the subordinate goods.
on the basis of free will, the consumer who is the other party to the transaction shall be independent of the transaction.
Determination shall be made on the basis of whether the right of choice is guaranteed, but coercion shall be made on the main good.
The possibility of conversion to the customer of the seller is small, and more.
According to the above facts, ① most of the consumers in the system of operating the window server are media.
Despite the absence of the intent to purchase a server program, the Commission is due to the combination of this case
W-C-C-C-C-C-W-C-W-C-W-C-W-C-W-C-W-C-W-C-W-C-W-C-
As a server 2003 Web access cannot engage in digital media content transmission business.
W. A business operator who wishes to run a business using a media server program other than W-C-D.
In addition, digital media content transmission business through the operation system of the Commission server 2003.
in order to purchase other products of the window server 2003 operating system combined with W-C-C-C-C-C-C-C-C-C-C-C-S
(3) whether it was forced to purchase "the subordinate goods" in the purchase of the main goods.
this is the core of the recognition of additional purchase compulsory, and purchase of subordinate goods that the consumer does not want to do.
In fact, whether or not there is a freedom not to ‘use' shall be considered in the recognition of forced purchase.
Since there is no reason to do so, consumers of the window server operating system of the window server do the combined sale of this case
W. It is reasonable to view that W.C. purchase was forced.
3) Whether competition-restricting measures are improper
A) Facts of recognition
Gap evidence 2, 3, 13, Gap evidence 36-3, Gap evidence 37-41, Eul evidence 6-1, 2,
The following facts, in full view of the purport of the entire pleadings in each entry of evidence Nos. 7, 14, 22, 27
This recognition.
(1) The status of the use of the PC server operating system by the telecommunications carriers in Korea is as follows:
As shown in Table 14).
[Ban 14] The current status of the media server operation system
A person shall be appointed.
(2) The digital media system is a multi-later, including audio/video files, via the Internet, etc.
as a collection of devices to transmit digital contents, including actual sound or image.
Digital contents which are compressed into a particular media format and compressed into a specific format, and which are compressed into a specific format.
The media server program transmitted through the Internet and the digital content transmitted through the Internet
- is composed of three parts of the media display.
(3) efficiently transmitting, receiving, and reproducing content by digital media system;
not only must the three constituent parts work closely with each other, but also must:
Ptrins (format), coexs, supporting contents which can be reproduced in the digital media system.
(codec), copyright protection programs (DDR), 23) protocol
( protocol) Any compatibility set forth in this subparagraph shall be possible, and between the digital media system components.
It is called dependence.
(4) It is necessary to transmit W-Do only the content drawn in a medium format by the Commission.
것은 아니고 ▲▲ 등 다른 전송 솔루션으로도 전송할 수 있으며 , W _ 도 윈도우 미
The same content may be transmitted in the form of a media format other than a DNA format. The same shall apply to the transmission of the content accumulated in the form of a media format.
W-W-D Contents transmitted by W-D are not available only to reproduce, but other media records.
It may also be reproduced in foreign language, and the content transmitted by Do W Do W Do Do Do other Do Do Do Do Do Do Do
생할 수 있다 . 그 예로 , _ , ♤앰프 ( ♤♤namp ) , ♤플레이♤♤ layer ) , 아♤♤♤♤
( ♤♤♤♤♤♤♤♤♤ ) , ♤♤플레이어 등 국내에서 사용되는 주요 미디어 플레이어들은 윈도우
Support for media format as well as various media format.
(5) Development of super-high speed Internet technology and content transmission business operators' media display free of charge
The universalization of the provision of the Multi-Rod Services so that media display terms can be easily downloaded.
Korea’s media display users are average 2.6 as of October 2006.
Media display is using media display.
(6) The status of the use of the digital media system by the domestic website investigated by the Defendants is as follows:
[Attachment 15] to 17] Table 15.
[Attachment 15] Contents provided in the string method among the domestic top 40 website around 2005
corporation, (in the case of multiple sites using the solution, the sum does not meet) the transmission chain (in the case of multiple sites;
Table 16) Contents provided in the string method among the domestic 40 website around 2005
a format (for multiple sites that use multiple formats, the total does not meet).
[Attachment 17] Examples of the mixture use of WMT
A person shall be appointed.
(7) On the other hand, on November 17, 2005, 120 Korean websites investigated by the Korea Institute of Software.
W -W - Audio / Video using the digital media system as a result of the examination of the current status of use of the digital media system
All of the web sites to be minled shall be a media display, or html net on the basis of Doll.
In addition, it was found that they were designated.
In other words, 22 broadcasting sites using W-based video programming, 23 film sites, distribution
Not only 19 music sites, 14 music sites, or Do-based html displayes, shall be designated.
In the case of audio setting, 10 broadcasting sites, 6 portal sites, 8 music sites.
All of them were the same.
The share of transmission chain and format is as shown in the following table 18) and 19 table 19
[Attachment 18] Ratio of web site using the media server program
A person shall be appointed.
【Stiling 19】 Ratio of use by format
(8) On the other hand, the market share of domestic media display around August 2004 is as follows:
(See 20) Domestic media display market share (%)
A person shall be appointed.
(9) Contents undertakers 1 The quality, capacity, sustainability, safety of the content to be provided;
The ability to support the possibility of security and language conversion, ② the compressed efficiency of the relevant format, ③ the sea.
Expenses incurred in trading in format and degree of difficulty, and ④ Illegal reproduction or leakage of secrets
capacity to support a safe content distribution system with low examination, 5 portable music display
Any format which can be reproduced from various devices, such as PDA, mobile phones, TV sets, etc.
6 Expenses incurred in creating a server software and development dispute, 7. License holder
level of marketing and technical support, 8 degree of technical support for relevant media display development enterprises;
(9) Functions and specifications of media display software, and ① individualization desired by content business operators.
Whether a service may be provided to users, and the degree of difficulty thereof, and support for skilled developers;
Possibility and the costs required to receive such continuous support, 1. The webbreer of another company
(b) When reproducing audio or video files using media display terms, the relevant media exhibition;
In addition, media in consideration of whether it is possible to not publicize the brand of the development enterprise;
format is selected. Contents transmission rush is intended for business operators using WMT.
The results of the survey conducted on the reasons for the choice of WMT are as follows.
Table 21 [Attachment 21] Reasons for the use of WM Services
A person shall be appointed.
(10) The Defendants shall immediately / at all times / the light station users of the combination of W-9 and W-9.
Viewing, providing users with an drastically improved singling experience in the mm, W-gu.
As a special device was made for the string, using the Commission's media server.
The best way to string media is the best way, and all wind media components are the media components.
in the operation of thickness, the end user’s string experience may be improved and, in its example, the telescope;
In order to do Tmining, the Commission's media cocoin, W Does, W Doesc, Obscining, which is necessary.
(c) however, not provide assistance to such stringing functions, such as algotibling displays;
(11) as shown in Table 17, 【W-ro content transmission without media display
There are a large number of cases of designating media display, but most of such media display
Eslin25) Only content is de facto or developed using a Do-based component.
c) in addition, media is used in Pool Preamine as a media transmission program by means of media transmission;
Designation of media display services developed using plal fishing or using its components;
There are many cases, so-called hington does not own a self media display.
(12) The video programming is a total of 14.2 billion Won due to the increase of 80.7% around 2004 in the United States.
In 2005, 48% increase and more than 21 billion won in total.
It was anticipated that Korea will also use the domestic Internet around 2000.
If the demand for mining media services is increased due to the increase of population and the expansion of the Internet base.
In other words, the number of domestic Internet broadcasting companies has increased rapidly as shown in the table 22 below.
[Attachment 22] The number of domestic Internet broadcasting companies
(13) The network computing (Network) which is a well-known computer magazine of the United States is 201.
A person shall be appointed.
2 . 19 . 자 " 리얼♤♤♤♤ , 애♤과 마♠♠♠♠♠에 앞서다 ( Real > ♤♤♤♤♤♤♤ Skins AD♤♤
Microsoft ) . " 라는 기사에서 , 리얼 ▷ ♤♤♤ 플랫폼의 성능이나 품질이 피고들이나 애플의
on August 201, 2001, the Internet (InternWek) is no longer than the product.
“Saking Streling Svers, such as a large number of ITs, computer-specialized magazines, newspapers, etc.
according to this section, the media server is excellent as a string server through the Internet by the media server.
The Defendants also describe the performance and quality of the U.S. Ministry of Justice on May 10, 200.
There is no room to suspect in the field of the media software in the material submitted by the Don Don.
We also recognized that the main owner is a subject of warranty (the subject of warranty in leer, Inc.).
On the other hand, the functions of the 2001 ice server and the wind media server are as follows:
The trend of the change in the share of the media system market is below 1), ice sbling media.
템 부문 매출 현황은 아래 그림 2 ) , 리얼네트웍스의 연도별 국내 매출액은 아래
【Attachment 24】
(Attachment 23) Comparison between the Liice server and W-C around 2001
A person shall be appointed.
【Rece 1】 Change in the share of the media system market
(Afforestation 2) The current status of sales in the media system sector of Dog Dog 2
A person shall be appointed.
(Attachment 24) The annual sales status of Doice Yel Yel (US$ : per unit)
B) Determination
(1) Whether W.C. Doescis
In the domestic PC server operating system market, the shipping volume of the defendants' window server operating system; and
Scope of sales accounts for at least 75%, and to the world PC server operating system market.
71% or more from the expansion of the Act, and domestic string media server progs.
At least 90% of the operation system of the discharge is the system of the window server, and the defendants are the window 200 server.
And the fact that W-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-
W-C-C-C-C-C-C-W-C-W-C-W-C-C-W-C-C-W-C-C-C-W-C-C
The correspondence of consumers has a significant impact on consumers' choice of digital media system.
(2) Whether competition is limited at the price
The defendants, which are market dominant enterprises in the PC server operation system market, are the defendants, the W Do-price.
Consumers who do not want to purchase W-C-C-C-C-C-C-C-C-C-C-C-C-S
W-C. To facilitate the development costs of media server program by charging W-C. purchase costs to the public;
할 수 있으나 , 원고들이나 리얼네트웍스 등 다른 미디어 서버 프로그램 사업자들은 그
As such, the media server program can not be sold at a reasonable price.
shall not be any other.
A competitor shall operate in a variety of operating systems in order to improve the disadvantage of price.
public software and the cost of such software shall be limited to, and shall not be limited to,
There are many cases where the system is used as a basic platform; however, the market share in the R&O system is the market share.
Since this is very low, demand for media server programs using the media server as the basic platform for R& servers.
the Commission’s operating system is more than the demand for media server program with the basic platform.
It is inevitable to lower the level, and even if the PC server operation system, such as R&D, is free of charge, media.
Since the price of the server program itself is lower than the price of the wind server operation system, the price is at prices.
It is not easy to open the disadvantage.
As a result, consumers are entitled to use W-CB without paying additional costs.
The possibility of raising the possibility is higher.
(3) Whether competition by network effects is restricted or not
According to the above facts of recognition, W-D and other major domestic media content transmission chains:
media displays, including B, may support various types of digital media format.
Therefore, digital media system components have broad compatibility.
D. Exclusive trade name, as alleged by the plaintiffs, with respect to the elements of digital media systems.
Not only can it be readily determined that the existence of dependence exists, but also as examined in paragraph (c) below.
This content provider shall consider all various factors, such as various prices, quality, etc.
Since the transmission chain is selected, the correspondence of WMT is the most in the choice of media server program.
It is difficult to regard it as an important factor to be considered.
However, the user wishes to use media display which can identify various contents;
A content provider shall accept the content in a format which can be reproduced by the largest user.
There is a number of PCs or servers in the application program developer, and there is a number of PCs or servers
I would like to produce an application program that would enable API. Specific media format
Use and distribution of media display terms that can play as many digital contents are created by using them.
In addition, the number of persons who transmit digital media content will increase, and the operators will choose the transmission program.
this point will be taken into account in this section. Accordingly, the Commission's media format will be subject to this.
Contents and Does, which use WMT components, consumer's letter of application program
W, which is a transmission program that can be achieved most well, has a significant increase in the possibility of choosing W-C.
Kina.
In fact, business operators who have selected WMT with the digital media transmission system shall be subject to WMT
In February 2000, the combined sale of this case took place.
Since then, the Nice Media System, which has been dedicated to the digital media system market.
On the other hand, prior to the combination sale of this case, the market share falls below the market share.
The market share of WMT increased rapidly, and the combined sale of this case remains one year. 204
Since August of each year, WMT market was dedicated to the market, and at the time, the ice media system was at the time.
In terms of quality and performance, it was evaluated that it was equal to or higher than WMT.
If there is such circumstance, the media format content from the Commission to the digital media market; and
Consumers are highly able to choose W-C-C-C-S-S-S-S-S-S-S-S-S-S-S-S-
W-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-W-C-C-S-S-S-S-S
It is reasonable to see that it excluded other competitors by raising the possibility of choice.
4) Sub-decisions
Digital media display to the end users of digital media content
Contents refer to the point of access to the content, and the programming media servers refer to such digital media.
It is an essential point to transmit contents. The format and compatibility of a specific content is exchanged.
Without the string media server, a content business operator may transmit the content to the user.
and if there is no host media display which is interchangeed with a format of a specific content, the employer shall not
not access to the transmitted content. Accordingly, the singled media server and media display are not allowed.
acquisition of control over all the components of the digital transmission network is immediately subject to control.
It will be a bridge to secure power.
Considering this point, the defendants are more convenient to operate the window server and W Dombl in light of this point.
W-C-C-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O
W Do-based purchase was forced, and consumers have more W due to the convenience of WMT
Since the combined sales act of this case was selected from a large number of consumers, the status of consumers who are parties to the transaction of this case
It not only infringes on the freedom of choice of goods, but also provides customers with high-quality and salt products.
The public official is in violation of competition between the price and quality. Accordingly, the combined sale of this case
는 불공정 거래행위 중 끼워팔기에 해당하여 OOOO 제23조 제1항 제3호 후단 , ▦
Article 36(1) [Attachment 1] 5(a) of the Enforcement Decree of ○○○○○○○, which violated the title.
C. Whether the causal relationship is recognized
1) Whether the burden of proof is mitigated or not
The plaintiffs, in the case of a lawsuit for damages caused by the violation of ○○○○○, the perpetrator is a socially stronger.
On the other hand, the victim is the socially weak like small and medium enterprises or consumers, and in such cases, the victim is the socially weak.
The offender's illegal act and the victim's occurrence of damages;
Inasmuch as it is practically impossible to prove the causal relationship, product liability litigation, medical department
It argues that the burden of proof of causation should be mitigated as in the case of an error suit.
Dol-to-face, old ○○○ (amended by Act No. 7315 of Dec. 31, 2004) 57
§ 56 (Liability for Damages). The provisions of this Act apply to the right to claim damages under the provisions of Article 56 (Liability for Damages).
No judicial assertion may be made unless the corrective measures have become final and conclusive by virtue of the Civil Act: Provided, That this shall not apply to the Civil Act.
§ 750. (Contents of Unlawful Act) Action shall not limit claims for damages pursuant to the provisions of section 750.
규정하여 ▦○○○○ 위반책임과 민법상 불법행위책임의 선택적 청구를 인정하고 있었
The business entity or the business entity's organization violates the provisions of this Act.
If there is any person who has suffered damage, he shall be liable for such damage to the victim.
Provided, That this provision shall not apply where an enterpriser or an enterprisers' organization proves that it was not intentional or negligent.
(2) The court below erred by misapprehending the legal principles as to the burden of proof of intention and negligence to the violator.
In light of the above, it is reasonable to view that the OO violation liability is a tort liability.
In addition, ○○○○ Article 57 was caused by a violation of the provisions of this Act.
in fact that it is recognized that it is necessary to prove the amount of such damage.
on the basis of the purport of the whole pleadings and the result of the examination of evidence, where it is extremely difficult due to the nature of the
of this case, it is reasonable to recognize a reasonable amount of damages in accordance with the above provision.
in order to calculate the amount of damages, the combination sale of this case, which is the ○○○ ○○ violation
It must be proved that the damages have occurred to the plaintiffs, and the contents of the above provision.
that the burden of proof for causation between the violation and the loss shall be mitigated.
Therefore, the claim for damages is to be exercised in accordance with the general principle of tort liability.
It is reasonable to view that the plaintiffs must prove the causal relationship between the violation and the loss.
Accordingly, this part of the plaintiffs' assertion cannot be accepted.
F. The Defendants’ combined sales of this case as the damages alleged to be suffered by the Plaintiffs
We examine whether this occurred or not.
2) Facts of recognition
A 2 through 5, 18, 43, 44, Eul 3, 8 through 13, 15, 16 through 21, 23, 24, 25 -
28 , 30호증의 각 기재 , 갑 제30호증의 영상 , 증인 정■ ♠ , 임▶▲ , 이★♤의 각 증언에
In full view of the overall purport of the pleadings, the following facts can be acknowledged.
A) Even after the act of combining sale of this case, multiple enterprisers are as shown below 25).
6% business operators as of June 2007 enter the media content transmission market.
Adibe uses the Flash Player and Flash format transmission method.
(Attachment 25) Status of business entities entering the market after the combination sale of this case
A person shall be appointed.
B) The plaintiffs discussed the matters concerning the development of products from around 2000 to around 2001
(1) Doivx or H. 264 format, in which the system of operation of the franchise server does not support:
션을 개발하였는데 , 쌘스트림의 핵심기술인 H . 264와 W _ 의 핵심기술인 WMT 사이에
the following table 26) there are differences.
Table 26 Comparison between WMT and H. 264
다 ) 스트림은 주로 고화질 비디오 스트리밍 등에 이용되었고 , 씨▷▷▷ , ▷▷구
청 인터넷 수능방송 , ▷▷패스 , ▷▷▷ 대학교 등 WMT와 쌘스트림을 함께 이용하거나
WMT was also a considerable number of business operators, and in such a case, WMT was on the transmission of low-quality content, and sand.
Slim was used in the transmission of high-quality content.
라 ) 쌘스트림 300이 다양한 운영체제에서 작동 가능하기는 하나 , 원고들은 쌘스트
T& & 300, 400, as a gling server operating system, encourage M& & 10, which is this.
H. Where the 264 format embodys a much better performance, as a operating system for string, and as a well as a good performance;
and the plaintiffs are products based on the server with an emphasis on the performance of the server 28%.
개발하였다 . 원고 ▲▲의 영업 실적을 운영체제별로 000 면 & & & 가 85 % , 윈도우가
13%, ② 2% per annum. The consumer who purchased the window server operating system is H. 264 format.
쌘스트림을 사용하는 일은 극히 드물다 .
E) Content business operators, in choosing media content transmission chains, dominations in choosing media content transmission chains.
Flox, speed, stability, the quality of content (e.g., sound, color, sea level), the excellence of cloxex supported, Nloit
The ability to cope with traffic, the price, operation, and management of the workplace itself, the cost of operation and management, and the implementor.
take into account various factors, such as technical assistance and other related services provided. They shall operate a server.
Having selected the permanent system, it does not choose a minging media chain on the basis of the system.
D. The overall media chain, including the media chain and the operating system of a interchangeable server;
on the basis of the whole section.
F) One of the reasons why content providers choose WMT is different from Divx by the Defendants.
The provision of software development key (SDK) to develop optimal application programs;
This is because it is used.
사 ) 쌘스트림을 미디어 서버로 사용할 경우 전송된 콘텐츠를 재생하기 위하여
H . 264 코덱을 지원하는 미디어 플레이어인 쌘스트림 플레이어를 사용하도록 지정하고
However, the plaintiffs do not open related technologies, and they are accompanied by other transmission chains, such as W-C, etc.
shall not be refunded.
H) In the case of CDN companies and a large number of content business operators, content business operators are bound by the plaintiffs.
one of the reasons for the selection of such person as well as the purchase of the solution, one of the reasons for the selection of
WMT solution is due to the burden on the expenses incurred in the management and operation of the Fund.
In terms of the provision of high-quality content, not only Divx fashion, but also prices, pets;
Tter Services, optimal functions, respect for low technology due to the opening of relevant technologies, stability, convenience, etc.
In this respect, the position that it was superior was expressed.
I) After entering the digital media market, whether the plaintiffs used the plaintiffs' products
- 49 websites in which media content was transmitted, 22 businesses as of August 2008.
Only the body uses the plaintiffs' products as it is, and 10 companies suspend content transmission business.
The 4 companies could not grasp the situation, and 13 companies are listed below 27), table 281
The transmission of digital media content is using other digital media contents as the same.
【 표 27 】 쌘스트림 사용 업체의 전환 현황
A person shall be appointed.
A person shall be appointed.
[Attachment 28] The status of conversion based on the time of the disposition in this case
(j) 10 years from 1997 to 2006, IT venture business start-up of IT venture business - satisfy
- The head of - the collapse of macroscop - The period of large-scale and antiscopic destruction, and during this period, IT venture businesses
The survival rate is known to be more than five to twenty percent.
카 ) 원고들 주장의 원고 ◈▲▲ 매출액 현황은 아래 표 29 ] 와 같다 .
표 29 】 원고 ▲▲ 매출액 현황 ( 단위 : 원 )
A person shall be appointed.
(l) The Defendants are in accordance with the instant disposition around August 2006, in the operation system of the W Dom Dom Dom Dom Dom Dom Dom.
The media server market is currently divided. The media server server server, the personal computer server, at the present time.
Shoutcast와 같은 프리웨어가 존재하며 , 리얼네트웍스가 일부 제품의 소스코드를 공개
to establish media server programs without purchasing media server programs.
(1) The Act has been amended.
2) Determination.
A) Whether to block entry into the market
(1) The time of occurrence of the possibility of market closure due to combined sale
Gap evidence 2 and 3 comprehensively taking account of the overall purport of the pleadings, NT in 1996.
server 4. 0 Net show servers (Netowsver) containing part of “0” are with a large amount of stenets.
a product that can only be a basic service and that can be provided through a smallest Internet
As the setting does not fit, commercial services using it were almost impossible, and digital;
Media display, which is an essential component of the media system, is an essential component of the media system, July 1998.
At this time, it is possible to reproduce the content of the setting through the Internet from the point of time.
W. The copyright protection technology (DM) is also included in W-D only after August 1999.
Since the room is recognized, the combination of the net show server (Net ver) and the server operation system is related U.S.
It is difficult to view the Defendants’ media server as an act affecting the server market. Therefore, it is difficult to view the Defendants’ media server.
The combination of the program and the system of operation of the wind server has an impact on the relevant media market.
It is reasonable to view that the combination sale of this case was conducted on February 200, when the combination sale of this case began.
(2) Whether the plaintiffs' access to the market was obstructed due to the combination sale of this case
According to the above facts, 1. (4) Past is a high-quality content transmission market, W Do-9 is excluded.
W-W-C is aimed at the general chemical content transmission market, and 2 The plaintiffs have the high quality content prior to the high quality content.
L. L. 264 format used before approximately 1 to 2 years prior to April 2003, which was published by 9 W-C. Does
Determination on the development of products, and 2 years and 6 years from February 2000 in which the combination sale of this case began;
개월 남짓 경과한 2002년 8월경 시장에 진출하였으며 , ③ ♤스트림은 & 운영체제
H. 264 format is the most well realized and 4. consumers who purchase the system for the operation of the window server
It is extremely rare to use the solution desired to be used, and ⑤ Plaintiffs even after the combination sale of this case
In addition, many business operators enter the digital media transmission market.
In light of the above circumstances, the Plaintiffs are responsible for the combined sale of the instant case by the Defendants.
corporation has participated in the digital media content transmission market according to their business judgment; and
Ga and the target market are inconsistent, so entry into the market is not made due to the combination of this case.
It is difficult to recognize that the closing has been completed, and there is no other evidence to recognize it.
Therefore, due to the combination sale of this case, the plaintiffs' access to the market was obstructed.
We cannot accept the argument to the purport.
B) Whether there exists causation between the Defendants’ combined act and the Plaintiffs’ damages
According to the above facts of recognition, the following facts are revealed.
① Five of the 13 sites converted into another product with the use of the Plaintiffs’ products W. Does
L. 8 converts into products of other competitorss, W-D conversions into W Do-ro
After being separated from the management system, there have been a lot of occurrences, and the conversion into products of other competitors has been made;
W-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-
② 원고 ▲▲의 2002년 매출액은 6 , 327 , 273원에 불과하였으나 , 이 사건 결합판
At the time of every act, around 2003, 70, 399, 933 won increased by more than 10 times, and the combination of this case
766, 214, 700 won for the year 2004 after the lapse of one year from the time of sale;
의 매출액보다도 10배 이상 증가하였으며 , 원고 ▲▲의 매출액이 급감한 시기는 이
In accordance with the disposition of this case, from around 2006, the Defendants removed W Dogs from the system of operating the window server.
③ 원고들 제품의 주종을 이루는 & & & 용 쌘스트림은 윈도우 서버 운영체제와
Since it is not interchangeable, consumers who purchase a system for the operation of the window server shall operate the window server.
에 W _ 가 포함되지 있는지 여부와 관계없이 용 ♤ 트림을 구매하지는 않을 것
I seem to be.
(4) Content business operators in selecting the media transmission mode, their content services.
content transmission program, taking into account various factors according to the characteristics, objectives, and subjects of the program;
In all respects, such as quality and cost, the server operation system, etc. shall be considered as a whole, and its business is most appropriate
Inasmuch as more favorable setting media function is selected, it shall be included in the PC server operating system.
The fact that the media server program is not intended to be selected by itself.
(5) In the case of entrepreneurs who have converted from forest to other transmission rushion, the newness of rushion.
The lack of mineability, relatively poor services, difficulties in optimumization, maintenance and management
Dexexexexexexexexexexexexexexexexexexexexexexexexexexexexexexexexexexexexs
The reason for conversion is that the capacity, capacity, etc. is not accepted).
⑥ 원고들의 제품은 해외 경쟁사인 리얼♤♤♤♤의 ▲▲ 서버는 물론 , 국내 경
쟁사인 ①★★★의 씨비디오보다도 상당히 비싼데 , 현재 미디어 서버 시장에는 프리웨
There is a media server program that can use almost no cost, such as language.
C.
In full view of the above circumstances, the plaintiffs' act of combined sale of this case by the defendants
Accordingly, it is difficult to recognize that the plaintiffs were lost in the market, and instead, the plaintiffs themselves are the products themselves.
It is reasonable to see that it was lost in the market due to low quality and price competitiveness, etc.
Accordingly, this part of the plaintiffs' assertion cannot be accepted.
Ultimately, the plaintiffs' claim of this case against the defendants was sustained by the plaintiffs and the defendants
there is no evidence to prove that there is a proximate causal relationship between the act of combined sale of this case
Therefore, there is no reason to examine the amount of damages.
4. Conclusion
Therefore, all of the plaintiffs' claims against the defendants are dismissed. It is so decided as per Disposition by the court below.
of this section.
Judges
Judges Lee Sung-sung
Judges Park Jong-hwan
Judges Jeong-young
Note tin
1) a computer that provides various services in response to the request of the Cloat Computer;
2) The hardware or software which is the basis of a computer system. Computer is the level of chip (IC chip) of an integrated circuit (IC chip) being the first floor below the computer system.
E.O.S.A. is a classized device that consists of a scaltic (firm) and an operating system (OS), the first floor, and the first top;
Although this device is often called as the first floor below the device, it is applied protocol because the hardware and software provide support for application.
Designers of the gram are both the hardware and software as platform.
3) The data transmitted is a technology in real time reproducing voice or images on the Internet without downloading them on the hard disc, and the data being transmitted is complete.
The string is called the string by treating water as if it flows. The file from the server is transmitted to the string straw, and the string straw is sent to the string straw.
At the time of arrival, the content can be reproduced, and the clock was temporarily stored in Clve PC, and the new clvek continued to arrive and glve.
Before the limit is crossed off in order, the limit is crossed off in order.
4) It means the form of language or message used for communications between the operating system and the applied program.
5) Internet service companies specializing in the transmission of contents using the CDN servers, with a wide range of Internet users scattered in the space.
In order to enable a CDN company to use contents conveniently at a speed, a server shall be installed at a place in advance and the content provider shall be used as a content provider.
this CDN’s servers that enable users to provide services.
6) The Commission's media services (W-Dows Media Servi Service) is abbreviationd by "W-gu".
7) The voice, in the synthetic language of a co-owner (co-owner) converting the sound or image into digital signal and a DNA ( deco-owner) converting the signal to that contrary;
or video data is changed to digital information so that the computer can process it, and this is to monitor so that computer users can know the data.
The software which is recently made after regeneration is a software.
8) Conversion of images, voices, etc. (e.g., records having taken or recorded the actual page before making it in a digital format) into digital format.
is the program.
19) The Defendants asserted that they are not ‘combined sale' but ‘functional integration', but ‘W-Dom media server' for the use of consistent terms. However, W-Dom on the media server for the use of W-Dom media server
The term "combined sale" is referred to as "combined sale."
10) The phenomenon that combines or combines the technology or performance of a mobile phone, such as photographing and MP3 of video images on a mobile phone, Allar function, carving function.
Dalo is a representative example.
11) x86 Protocols consisting of simplification of the name of the Microsoloane developed by the Telecom, with similar microprolograms for telecom.
The structure was derived from the name of 8086, 80286, 80386, 80486, and pentents, etc.
It is a kind of digital logical circuit, which is a kind of central processing device (CPU) that combines a smoke acid and control device into one small net container chips.
12) As a general term for the remainder other than x86 affiliates, primarily the CPU companies (Motolsra, Sun, IBM) are supplied by CPU companies other than telecom.
13) As terms indicating the characteristics of the program personnel and the initial user of the service, the HND and the PND server shall:
It refers to a server that is located in the front of the system or device and receives input from outside.
14) The database operated on the back of the website, the processing system, the website management system, and the server connected to other systems.
means.
15) peer transmitted by dividing the files from the server computer as well as any other chloro PC connected to the server computer into several sculptures.
It is a transmission method using peer technology.
16) After the entire file is stored in Clve PC by transmitting media content files from the server to Clve PC, by means of transmitting them to Clve PC
the content reproduction is possible.
17) The part of the file which is basically identical to the ordinary downloading method, but has already been transmitted to the Cloat PC before the entire file is stored.
It is possible to reproduce.
18) On the Internet means transmitting the same data on the Internet to the recipients of several specific groups. Dual transmission of data
A member of a group may be alleviated by relaxing his/her evidence of information and may manage the information of members of the group.
19) as a digital media system unique to the Defendants’ digital media system W Do, Do, Pisco media media, wind, and copyright protection program
(DM) a series of systems consisting of (DM), etc.
20) It appears on the monitor in the same manner as the printed form of a printer.
21) Renovation of audio or video files
22) In coordinating computer hardware, software that provides basic functions of computer to enable application programs to operate well while adjusting computer hardware.
23) Technologies and services that protect the interests and rights of the parties to copyright by preventing unauthorized use of digital content. This refers to content.
Distribution and distribution in the creation of content, such as the protection of the rights and interests of the provider, the prevention of illegal reproduction, and the imposition of user fees and settlement agency;
The management shall be supported in a lump sum.
24) referring to the rules or rules of communications established for the exchange of information between computers or systems or programmes, in other words:
Promises provided for the connection or cutting method between units, communications method, the form of data to be given and received, the method of detecting errors, the method of converting code, the speed of transmission, etc.
is generally used for information and communications between different computers because different types of computers are different from communications regulations.
It is necessary to establish a communication network by using standard protocol or common protocol. TCP/IPs mainly used on the Internet.
One representative protocol is a standard protocol.
25) Users of media displays