인터넷 상 情報에 대한 接近및 取得行爲의 違法性

서지정보

ㆍ발행기관 : 서울대학교 기술과법센터 ㆍ수록지정보 : LAW & TECHNOLOGY / 3권 / 5호
ㆍ저자명 : 권영준

목차

Ⅰ. 序論
Ⅱ. 美國의 美國의 關聯判決및 論議
1. 背景說明
2. eBay 判決의 內容
3. eBay 判決의 意味및 後續判決들
4. 學界의 論議
Ⅲ. 우리나라에 있어서 인터넷상 情報接近및 取得行爲의
違法性
1. 論議의 前提
2. 物權的紛爭의 違法性判斷
3. 情報流通的紛爭의 違法性判斷
4. 情報財産的紛爭의 違法性判斷
Ⅳ. 結論

영어 초록

Can the information-holder on the Internet control the flow of information within his boundary even when he does not possess any proprietary right over the information? What if someone accesses to the information and obtain it without any approval? This article intends to provide comprehensive responses to these fundamental issues, mainly from the Korean perspective. To facilitate the analysis, eBay Inc. vs. Bidder’s Edge, Inc, one of the landmark U.S. court decisions in this regard, is introduced and examined here. This article categorizes a wide variety of disputes into three types. The first type is the proprietary dispute, focusing on the protection of computer system as a chattel. The traditional trespass theory will be applied, and actual harm will be required to justify injunctions. The Second type is the access dispute. The article 48 of the“ Information Network Act”in Korea will play a crucial role in determining the unlawfulness of the access on the Internet. The interpretation of the above article requires the balance between information holders and the information users. The third and the final type is the information property related dispute. Laws on Intellectual property right and related legislations will govern this type of dispute. To narrow down the gap between the body of traditional legal theory and the recent changes in the legal environment brought on by technological advances, a new set of legal norms is needed. Korea has been responding to this challenge by legislating relevant acts in an ad hoc way. Relatively few attention has been devoted to the whole frame of norms with regard to the unlawfulness issue in response to the Internet. This article, however, endeavors to emphasize the systematic and comprehensive approach and to suggest the general standards by which unlawfulness of the information related disputes can be measured.

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