인터넷 웹페이지에서의 광고의 삽입 차단 등을 둘러싼 법적 문제

초록

Internet service providers such as Naver have long turned to the courts to squelch products(software) that let a third-praty or consumers insert, block or skip ads. The court recently decided that the ad-blocking software(“Uplink solution”) did not infringe a copyright of “Naver”, because it did not modify the source code in Naver server but worked on code in RAM of a user who downloaded and installed it on his computer. However, in spite of denying the copyrightable protection, the supreme court's decision and some lower courts' judgements recognized the tort liability in special circumstance where it is to gain unjust profit to harm the author. This article deals with the legal issues surrounding blocking and insertion of advertisements in the internet web-pages. Furthermore the article aims to providing some clear criteria about the tort liability for the misappropriation of the uncopyrighted information.

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