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(영문) 서울행정법원 2017.09.15 2016구합67929
저작권등록처분무효확인등의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

Basic Facts

The Plaintiff is a company that provides a storage space and provides services to enable its members who paid the cost to download their files up to their business, while operating the web site called a file htp:/www.ftileuku.com.com.

The Defendant is a corporation established pursuant to Article 112 of the Copyright Act, which is entrusted with the registration of copyright by the Minister of Culture, Sports and Tourism pursuant to Article 130 of the Copyright Act and Article 68 of the Enforcement Decree of the Copyright Act, and the Intervenor’s Intervenor (hereinafter “ Intervenor”) is a company granted the right to exclusively reproduce, distribute, transmit, and transmit the above video works within the Republic of Korea with exclusive publication rights from the producers of each video work listed in the separate sheet (hereinafter “the instant video work”).

The Defendant accepted the application for copyright registration of the producer of the instant video works and issued a copyright registration disposition (hereinafter “instant disposition”) with respect to the instant video works as shown in the attached list.

The producer and the intervenor of the video of this case asserted that the web hard site users illegally run and download the video products produced by the above producers and the above producers without the permission of the above producers and the intervenors and infringed their author's property rights, and filed a provisional disposition claiming suspension and prevention of infringement of author's property rights against the Internet web hard site operators, including the plaintiff, to prevent the users from downloading or downloading the digital files containing the video products through the web hard site.

【Unsatisfied facts, Gap’s 1, 3, 13 through 19, and Eul’s 1 (including each number for those with a serial number).

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