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초록

영어

The inducement rule accomplished many of the objectives that inspire expansive liability with far fewer negative consequences. This approach made it possible to protect innocent defendants from bearing responsibility for the misdeeds of others and substantial noninfringing uses while making it possible not to protect defendants inducing in bad faith bearing responsibility. Grokster decision, however, includes several defects. The matter that future courts should, therefore, bear in mind is as follows. Future courts should avoid interpreting contributory liability in expansive ways that expose innocent defendants to liability and suppress noninfringing behavior. Additionally, Future courts should restrict the application of vicarious copyright liability, perhaps to the general contours of respondeat superior, in order to avoid contradicting Grokster’s reliance on fault. Future courts should, moreover, apply inducement narrowly. For example, inducement should be found only when the defendant acts for the express purpose of encouraging infringement. Plaintiffs should not be, therefore, allowed to recover when a defendant simply knows with substantial certainty that his behavior will support infringement. The use of willful blindness should be limited to serving as a substitute for constructive knowledge in order to preserve Sony’s safe harbor, which has been a cornerstone of the Court’s balancing of content-owners’ rights with technological development. The broader distribution plus intent theory, which is premised on a standard that can be satisfied with little difficulty, could have a chilling effect on research and investment into potentially useful technologies. The active step theory could therefore be in the ascendant. The most recent copyfight culminated in the defeat of illicit file-sharing networks in Grokster, and Perfect 10 suggests that the next great battleground will be over technologies characterized by the inverse Grokster scenario. Since the Supreme Court of Grokster declined to elaborate on the relevance of actual knowledge of specific infringing acts in the case of a good-faith innovator, it is suggested to reconcile its jurisprudence under Napster with the Supreme Court’s guidance in Grokster on the proper role of Sony in the contributory liability analysis.

목차

I. 서론
 II. 그락스터 판결
  1. 그락스터 판결 이전의 간접책임 법리
  2. 유인책임
  3. 과실에 대한 판단
  4. 상품의 기본 부속품 법리
 III. 그락스터 판결의 문제점과 발전적인 해석
  1. 과실책임주의의 합리적인 적용
  2. 인식에 대한 광범위한 해석
  3. 단순한 배포행위
  4. 선의의 기술개발자
 IV. 결론
 참고문헌
 ABSTRACT

키워드

유인책임 간접책임 기여책임 대위책임 무과실책임 과실책임 저작권 비침해적 이용 Inducement Third-Party Copyright Liability Contributory Liability Vicarious Liability Strict Liability Fault-Based Liability Copyright Non-infringement Use

저자

• 김영철 [ Kim Young Chul | 동의대학교 법학과 강사 ]

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