• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.129-150
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• 2003

Software license agreements, to be useful in the mass market, could not be individually negotiated, and had to be standardized and concise. The software license agreement needs to be presented to the licensee-users in a fashion that would allow for mass distribution of software, also for it to enforceable, that would draw the users' attention to the terms and conditions under which the publisher allowed the use of the software. These needs have been accomplished, with or without fail, through so called the "shrink-wrap licenses" Shrink-wrap licenses purpose to transfer computer softwares to their users by defining the terms and conditions of use of the software without implicating the "first sale doctrine" of the Copyright Act. These shrink-wrap licenses have become essential to the software industry. However, in USA, the law applicable to these licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing their enforceability. Meanwhile, the National Conference of Commissioners on Uniform State Laws ("NCCUSL") in USA promulgated the Uniform Computer Information Transaction Act ("UCITA") governing contracts for computer information transaction on July 29, 1999. One clear objective of UCITA was to settle the law governing the enforceability of shrink-wrap licenses. In these respects, this paper first introduces the various forms that shrink-wrap licenses take(at Part II. Section 1.), and explains the main advantages of them(at Part II. Section 2.) Here it shows how shrink-wrap licenses value themselves for both software publishers and users, including that shrink-wrap licenses are a valuable contracting tool because they provide vital information and rights to software users and because they permit the contracting flexibility that is essential for today's software products. Next, this paper describes the current legal framework applicable to shrink-wrap licenses in USA(at Part III). Here it shows that in USA the development of case law governing shrink-wrap licenses occurred in two distinct stages. At first stage, judicial hostility toward shrink-wrap licenses marked such that they were not enforced pursuant to Article 2 of the Uniform Commercial Code. At second stage, courts began to recognize the pervasiveness of shrink-wrap licenses, their indispensability to the rapidly expanding information technology industry, and the urgent need to enforce such licenses in order to maintain low prices for consumers of computer hardware or software, resulting in the recognition of shrink-wrap licenses. Finally, in view of the importance of UCITA, this paper examines how it will affect the enforceability of shrink-wrap licenses(at Part IV). The drafters of UCITA, as well as the scholars and practitioners who have criticized it, agree that it validates shrink-wrap licenses, provided certain procedural protections are afforded to purchasers. These procedural protections include the licensee end-user must (i) manifest his assent to the shrink-wrap license, (ii) have an opportunity to review the shrink-wrap license, (iii) have a right to return the product without costs.

• (The) Research of the performance art and culture
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• no.37
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• pp.249-293
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• 2018

The Musical Theatre was a popular art genre that originated from the western musical tradition represented by the European opera. In the twentieth century, it bloomed around Broadway in the United States. It is also one of the commercial arts which is popularly loved by the public in the field of performing arts all over the world at present. Due to the nature of this genre, the development of dramas and the expression of characters use music, not words or gestures, as the main medium. And the style of music reacts sensitively to the taste of the public, not to a particular class. When Japan colonized Korea, the empire strongly believed modernization equaled westernization and Japan was the one who could awaken Korean. The Japanese colonial music education was intended to bring cooperation and obedience to Japan by forcibly injecting Japanese ideology and culture into Joseon people. The music education of colonialism with the textbook of the "Songs for public education(보통교육 창가집)" compiled by the Japanese government was a sparkstone for the conversion of the Korean musical identity to Japanese and Western music. In addition to the capitalistic economical mechanism for establishing a South Korean government friendly with the United States during the Cold War after liberation, and the rush of American Pop culture represented by 'the show stage in 8th US Arm' and 'movies' which are to be the influence of invisible 'new cultural imperialism', our traditional music was confined to the meaning of 'Korean music', meaning 'past music'. In Korea, after the liberation, the musical was introduced by the influx of American popular culture. In accordance with the cultural policy of Park Jeong-hee regime, which aimed to spread the 'healthy culture' through the modernization of traditional arts, 'The Yegreen(예그린악단)' was founded. However, the plan to create a contemporary performing art based on Korean national arts showed the possibility of success in 1966 with the success of , but soon after, they have been destined to fall into an institution that has lost their ability to operate on their own due to the suspension of the sponsorship of the regime. Due to the cultural imperialist strategy of the influence of Japanese imperialism's colonial music education and influx of American popular culture after liberation, in the early days of Korean musicals, our traditional aesthetic style brought about the situation of the 1960 's, which did not become an independent ethnic art through the exchange and expansion with Western music. This is the background of the western licensed musicals led by the Korean musical market in the 21st century as well as the main cause of musical creation based on western music.

• Journal of Korea Entertainment Industry Association
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• v.14 no.3
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• pp.191-200
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• 2020

Companies are seeking to maximize profits through exports and imports in the ultra-fast, ultra-high-speed modern society. It is only possible to sustain its survival if it targets the global market, not based on any specific region. The K-POP group is also targeting overseas markets in a manner similar to the various global strategies used when companies make inroads into foreign markets, including exports, contracts and direct investment. The K-POP group is engaged in various forms of activities, ranging from simple forms of performance (export) that are visited and staged by an invitation from a certain foreign country to series performances (license) by an invitation from a local promoter and tour performances using its capabilities. The K-POP group is seeking to go beyond the art of single-stage performances and make a systematic plan and make inroads into foreign countries in the form of direct investment suitable for each foreign country. The K-POP group made inroads into overseas markets in the form of simple performances from the late 1990s to 2005, when 'Korean Wave' was first introduced. Group H.O.T., etc. are typical examples. Since then, it has sought to enter overseas markets in the form of franchises by accepting overseas members by 2018, starting with Super Junior in 2005. Since then, the K-POP group in the form of joint investment attempted as group IZ*ONE in 2018 appeared, and a voice story came out in September 2018 when South Korea's JYP Entertainment and Tencent of China joined forces. Unlike K-POP Group, which has entered foreign markets with a global strategy based on the existing export method (H.O.T.), 'Boystory' is a representative group that is made with joint investment, which is a direct investment method. In February 2020, RBW released 'D1Verse,' a five-member group selected by Vietnam's reality show, as a joint investment-type group. This shows the possibility that domestic and foreign companies will release a group in the form of joint investment in order to pursue both globalization and localization.