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(영문) 서울중앙지방법원 2010.06.16 2010노116
컴퓨터프로그램보호법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The dry (LIP) files of the F “F” program that is the object of copyright infringement of the computer program in this case, and the deepball and LIs program also copied the lusium (LIP) files of other programs, such as ratoth, gld, and so on, the program cannot be deemed as a copyrighted work subject to the protection of the Computer Program Protection Act. 2) The deepball and LIs program, and the lus file cannot be deemed as a copyrighted work that is the object of the protection of the Computer Program Protection Act. Therefore, it cannot be deemed as a copyrighted work that is the subject of the protection of the Computer Program Protection Act.

3) Since the “K” program sold and distributed by the Defendants did not directly provide the function of using a phone file, it cannot be said that the program infringed the program copyright even if the program included three bit files of the program in the aforesaid program. 4) The ratio of the reproduced bit files to the entire program of the “K” program sold and distributed by the Defendants is less than 6%, and thus, it cannot be said that the “F” program infringed the copyright.

5) Each file of this case was voluntarily reproduced without reporting to Defendant A, etc. at the time when Nonindicted Party M was employed in N Co., Ltd., and thus, the Defendants cannot be deemed to have intentionally infringed the program copyright of each file of this case. B. The sentence of the lower court on unreasonable sentencing (each fine of KRW 7 million is too unreasonable).

2. Determination

A. Determination of misunderstanding of facts and misapprehension of the legal principles

The judgment of the court below on the assertion that it is legitimate, adopted.

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