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(영문) 창원지방법원 2019.01.24 2017노983
저작권법위반
Text

The judgment of the court below is reversed.

The Defendants are not guilty. The summary of the judgment is publicly announced.

Reasons

1. Summary of grounds for appeal;

A. The defendant A Co., Ltd. has the authority to download the E15.0 program on the E website, and the defendant B received the E15.0 program from the above authority.

In addition, in order to carry out the national tasks, the Defendants came to need other programs in addition to the existing drawings interpretation programs, and Defendant B attempted to download and implement the video files with which the other drawings interpretation programs can be implemented, but failed to implement them.

Therefore, the defendants illegally reproduced the E15.0 program, thereby infringing the copyright holder's author's property right.

No copyright infringement shall be deemed to have been made by nullifying the technical protection measures of copyright holders without legitimate authority.

B. Unreasonable sentencing

2. Before determining the grounds for appeal by the Defendants ex officio, the Prosecutor changed the original facts charged from the trial to the primary facts charged, applied for permission to change the indictment in addition to the ancillary facts charged, such as Paragraph 3(b), and the judgment of the court below cannot be maintained any more due to changes in the subject matter of the judgment upon permission by the court.

3. Summary of the facts charged

A. The primary charge is that Defendant A Co., Ltd. is established for the purpose of manufacturing metal-saving machinery in Hanam-gun, and Defendant B is the head of the aforementioned technical research institute. No one shall infringe upon the author’s property rights and other property rights protected under the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, and secondary copyrighted work preparation. On October 23, 2014, Defendant B’s program E15.0 program (the so-called “delined with technical protection device”).

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