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(영문) 서울중앙지방법원 2015.04.30 2014고단8577
저작권법위반방조등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of 20 million won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A around May 20, 2013, a corporation established Gangnam-gu Seoul E and 201 and operated ‘F', the Internet file sharing site as its representative director, which is an Internet file sharing site. Defendant B is a corporation established with the main purpose of software development and service business, Internet content service, and fashion sales business.

"2014 Highest 8577"

1. In order to attract members and secure digital contents, Defendant A, while operating the F, continued to conduct the fixed amount use right or the settlement discount event against the members of the said Web lower-tier, approved as a seller at the request of the members, and managed the class as four-stage, and the seller received the download from other members, Defendant A paid a 20-50% differential by grade to the seller so that he can exchange in cash.

In addition, the Defendant received large amounts of requests for copyright protection such as suspension of reproduction and transmission from content distributors, etc., and the Defendant’s request for the establishment of a closed language, operated a scaming program, extracted the unique DNA or visual value of the dynamic contents that come up on the said web site by seeking the scaming program, and conducted comparison and analysis with those of the scam contents, thereby automatically distinguishing the works of “unauthorized”, which are contents that have entered into a distribution contract with the copyright holder, from the content that the copyright holder entered into a distribution contract with the said contents. As such, the Defendant neglected to take copyright protection measures, such as failing to immediately delete the relevant notices in order to maintain the number of members of the site and increase corporate profit, etc., even though he knew of the fact.

The Defendant, from August 15, 2013 to February 28, 2014, as indicated in the [Attachment 1] List of Offenses, as well as the motion picture “G”, a member of the said Web network, is a non-affiliated work.

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