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(영문) 대법원 2017.09.07 2017다222757
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the so-called Internet link is merely an indication of the web location information or route of individual copyrighted works, etc. stored in the web page or website, etc. that the Internet user intends to link on the Internet. Thus, even if the Internet user directly connects the link to the web page or individual copyrighted works, the above link does not constitute a transmission under the Copyright Act.

(See Supreme Court Decision 2009Da80637 Decided March 11, 2010). According to the reasoning of the lower judgment, the lower court determined to the effect that, although the Defendant posted a link to each of the instant broadcast programs posted on the foreign video sharing sites as indicated in the lower judgment’s holding, the Defendant’s act of linking was merely an indication of the web location or route of each of the instant broadcast programs posted on the foreign video sharing sites, and thus, it is difficult to view the Plaintiffs’ act of directly infringing on the right to transmit each of the instant broadcast programs.

In light of the above legal principles and records, the above determination by the court below is just, and there is no error of law by misapprehending the legal principles on transmission under the Copyright Act, contrary to what is alleged in the

2. As to the ground of appeal No. 2, the lower court, on the grounds as indicated in its reasoning, based on the amount equivalent to the amount ordinarily receivable by exercising the right to each of the instant broadcast programs, is difficult to calculate the amount of damages suffered by the Plaintiffs, and calculated the amount of damages suffered by the Plaintiffs through the Defendant’s infringement of author’s property right by comprehensively taking account of the indirect

In light of the relevant legal principles and records, the judgment of the court below is just and it is so decided.

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