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(영문) 서울중앙지방법원 2017.12.01 2017나17961
손해배상
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. 1) The Plaintiff is a program work as set forth in B below (hereinafter “instant work”).

A) A copyright was registered with the Korea Copyright Commission. The date of publication on April 28, 2006: D registration number: D. E2) Defendant B’s U.S. registry (hereinafter “Defendant B’s registry”) is a hardware and software-related company located in California, and Defendant Audio Korea Ltd. (hereinafter “Defendant Audio Korea”) is a subsidiary of Defendant B’s registry with the aim of marketing, sale, license, support, maintenance, repair, development, export, and provision of related services, etc. of computer hardware and software.

3) On January 9, 2007, the Defendant Plast published the program of iOS (former Aphone Operation System) based on the mobile operation system based on the RUI, and around that time, he manufactured and sold the iOS program and the iOS program that continued to operate the program. The Defendant Plast Korea sells the aforementioned products, etc. manufactured by Defendant Plast from November 28, 2009 to Korea (hereinafter “iOS program”) (hereinafter “Defendant Plast Korea”), including the iOS program and the program that is set for its operation.

B) On June 19, 2013, the Plaintiff asserted that the Plaintiff infringed on the Plaintiff’s copyright such as the Plaintiff’s right of reproduction, distribution, public transmission, right of publication, right of publication, right of display, right of production of derivative works, right of indication of name, right of lease, right of public performance, and right of delay on the part of the claim for compensation for damages, by producing substantially similar programs based on the instant copyrighted work and selling and selling the opphone, etc., which is operated by the operating system, against Defendant B, as Seoul Central District Court 201Kahap4691.

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