인터넷 기반 송신서비스의 저작권 문제 －일본 최고재의 마네키 TV 사건 및 로꾸라꾸 Ⅱ 사건을 중심으로－

초록

A liability of an internet-based service provider concerning an infringement of copyrights rights has been a current major subject of discussions. Recently, the Japanese IP High Court has denied the liability of the providers of the space-shifting services of TV Programs in two cases (Maneki TV Case and Rokuraku II Case). However, in January 2011, the Japanese Supreme Court quashed these decisions of the IP High Court and remanded the cases back for further hearing to the IP High Court. Based on the decisions of the Supreme Court, there is a high possibility that the IP High Court will uphold the broadcasting companies’ claims for injunction. The purpose of this article is to show the legal questions about a liability of an internet based OSP.

키워드