• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.47-77
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• 2013

The way for seller to procure the goods for selling is to produce the goods at his own factory and to buy the manufactured goods from the other company. In order to produce the goods for selling the seller have to obtain the resource from the domestic company or overseas. In the middle of producing the goods to sell, seller may breach the right of a third party based on intellectual property rights. That is to say, seller may use the machine that has not itself been patented and use a process which has been patented by a third party. Seller may manufacture the goods which themselves are subject to the third party industrial property rights. Nowadays it is stressed the importance of intellectual property rights such as a patent, brand, and design. These factors consist of the core elements of the competitiveness of the goods. Many embedded software have been used in the various sector. So the disputes regarding to the intellectual property rights is gradually increasing in number. Article 42 of CISG defines the seller's delivery obligations and liabilities in respect to third party intellectual property rights and claims. It contains a special rule for this similar kind of defective in title, which tries to provide an proper solution to the complex problems caused by such rights and claims in international transactions. When seller will apply this clause to the business fields, there are several points to which seller should give attention. First, Intellectual property is general terms in intangible property rights, encompassing both copyright and industrial property. Which matter fall within the scope of intellectual property? The scope of intellectual property can be inferred from the relevant international conventions, which are based on broad international consensus. Second, Article 42 of CISG governs the relationship between the seller and the buyer, that is to say, questions of who has to bear the risk of third party intellectual property rights. The existence of such intellectual property rights, the remedies available and the question of acquiring goods free of an encumbrances in good faith are outside the scope of the CISG. The governing law regarding to the abovementioned matters is needed.

• Korean Institute of Interior Design Journal
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• v.21 no.4
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• pp.146-154
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• 2012

As Damyang has preserved both beautiful natural environment and tradition very well, it needs colors which can coexist with Damyang while preserving it as it is rather than colorful and refined colors. However, the present Damyang deteriorates the quality of beautiful natural scenes by chaotic uses of colors. Therefore, colors which can represent symbolism based on the present colors of Damyang should be used so that everyone can be pleased with them. Finally, the basic colors decided were classified into main, supplement and highlight colors in consideration of characteristics of each scene and they were effectively arranged based on the colors decided. If such colors and color schemes are properly applied according to characteristics of scenes, ecological, historical, cultural and traditional scenes of Damyang can be preserved consistently. Academic literature uses the abstract to succinctly communicate complex research. An abstract may act as a stand-alone entity instead of a full paper. As such, an abstract is used by many organizations as the basis for selecting research that is proposed for presentation in the form of a poster, platform/oral presentation or workshop presentation at an academic conference. Most literature database search engines index only abstracts rather than providing the entire text of the paper. Full texts of scientific papers must often be purchased because of copyright and/or publisher fees and therefore the abstract is a significant selling point for the reprint or electronic version of the full-text. Abstracts are protected under copyright law just as any other form of written speech is protected. However, publishers of scientific articles invariably make abstracts publicly available, even when the article itself is protected by a toll barrier. For example, articles in the biomedical literature are available publicly from medline which is accessible through design. It is a common misconception that the abstracts in medline provide sufficient information for medical practitioners, students, scholars and patients. The abstract can convey the main results and conclusions of a scientific article but the full text article must be consulted for details of the methodology.

• Journal of Digital Convergence
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• v.12 no.1
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• pp.13-21
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• 2014

The problem of the cases of Soribada and Winny is their duplexity that they could be used legally and illegally. The issue called 'The crime of aiding through the neutral behavior' is about whether the program developer who shared the file sharing program letting unspecified public infringe the copyright could be punished or not. Many theories about limiting the traditional scope of punishment of aider have been maintained. However, it is questionable whether it is possible to limit the scope of punishment following the former cases and theories even for the action that is causal and facilitates the principal's criminal conduct, like the aid through the neutral action which is hard to perceive as illegal aid because of its characteristics. Therefore, using the case of Soribada in Korea and the case of Winny in Japan as the examples of illegal aid through neutral behavior case, this paper examines the characteristics and problems of aid through existing theories and cases, and suggests new scope of punishment limitation standard through the elaboration of the action of aid and judgment of degree.

• The Journal of the Korea Contents Association
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• v.15 no.7
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• pp.93-105
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• 2015

Upon ruling that two photographs of "Solsum(located in Samchuk city)" are not substantially similar, issues on the level of protection for the copyrighted photographs expecially on landscape, which appearance could be similar whoever takes, were raised. Accordingly, this study summarizes and suggests the standards of expression differentiating from idea on photographic works. The results are as such. Elements of expression on photographs are positioning of subject, framing, selection of camera angle, control of light's direction and quantity, length of exposure, speed of shutter, timing or posing of the shutter. kinds of emulsion, methods of development, and any other methods of creative and characteristic photography. On the other hand, elements of ideas of photographic works are theme, concept, feeling, appearance of objects, time or season of taking a picture, vantage point, choice of horizontal or vertical angle, etc. As a result, this study reconfirms that copyright law entitles photographers to copyright as to their minimal degree of creativity, not as to their sweat of brows.

• Journal of KIISE
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• v.43 no.10
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• pp.1173-1178
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• 2016

Since the introduction of BitTorrent protocol in 2001, everything can be downloaded through file sharing, including music, movies and software. As a result, the copyright holder suffers from illegal sharing of copyright content. In order to solve this problem, countries have enacted illegal share related law; and internet service providers block pirate sites. However, illegal sites such as pirate bay easily reopen the site by changing the domain name. Thus, we propose a technique to easily detect pirate sites that are reopened. This automated technique collects the domain names using the google search engine, and measures similarity using Longest Common Subsequence (LCS) algorithm by comparing the tag structure of the source web page and reopened web page. For evaluation, we colledted 2,383 domains from google search. Experimental results indicated detection of a total of 44 pirate sites for collected domains when applying LCS algorithm. In addition, this technique detected 23 pirate sites for 805 domains when applied to foreign pirate sites. This experiment facilitated easy detection of the reopened pirate sites using an automated detection system.

• 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.

• Journal of the Korean Society for Library and Information Science
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• v.40 no.1
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• pp.335-351
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• 2006

For a library to be run more efficiently, its internal strengths and weaknesses, external opportunities and threats must be determined for forecasting on the basis of the diagnosis of the internal and external environment and situations, and optimum strategies and measures responsively deducted and utilized. Therefore, I had analyzed the strategic competition of university A's library using SWOT analysis, which has recently been spotlighted as an effective strategic competition analysis method. The conclusions thus obtained are as explained below. Firstly. the strengths of university A's library are the professional qualifications of the employees. work efficiency based on systematic operative plans and division of work load, and provision of high quality service following the establishment of the digital library. Secondly, its weaknesses are the insufficiency and limits of the usable resources, the lack of progressive future operation plans and systems, and the deficiency of a positive service mind. Thirdly, the opportunities are the possibility for new developments in accordance with the digital information environment. reinforcement of the operative efficiency throughout expanding its cooperation with external organizations and other libraries, and its transformation as the local library hub by opening up to the public. Fourthly, the threats are the lack of the school authorities' acknowledgement. and the degradation of the library's status in accordance, the users' various requests for information and advanced professional service according to the rapidly changing information environment. and the restriction of the library service based on the copyright law. Fifthly, as a result of analyzing the strategic competition of university A's library, measures such as the reinforcement of digital service by acquiring digital specialists. provision of extended service through active cooperation with external institutes and libraries. development and provision of differentiated service in accordance with the reinforced copyright law were proposed to improve the library's future competitiveness.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.11
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• pp.291-300
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• 2020

Plagiarism concerns in the melody of popular music are on the rise. Despite these concerns, standards and methods for addressing these issues are lacking. This study is significant in the fact that it is the first case in the media which started as a controversy on plagiarism of popular music and even progressed to Supreme Court ruling. The first and second trial courts declared the existence of infringement of copyright by recognizing that the music in question was substantially alike as a result of comparing and reviewing the melody, rhythm, and harmony. However, the Supreme Court came to a different verdict on the infringement of musical work by reversing and remanding the case to the Seoul High Court. The Supreme Court indicated that even though the music presented in the first trial is a creative work entirely protected under the Copyright Act, expression without creativity is an area that is not protected under the law. Based on this case, this study seeks to compare and analyze the essential characteristics of melody in the judgment of infringement of copyrights in popular music, and factors related to the judgment of practical similarity and the judgment of idioms that are the criteria for judging infringement of musical work.

• The Journal of the Korea Contents Association
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• v.17 no.1
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• pp.436-443
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• 2017

This research aims to inquiry the present state of online game industry and related laws and investigate the nature and feature of the web-board game policy through the case of web-board game operation in China. We reviewed China local literature of online mobile game industry and inspected foreign entry, copyright protection, safety audit, distribution, and shop in China laws related to online game. We examined the game operation of the most famous 'Bianfeng' game company among China web-board game and considered how the charge and exchange for game money is made at issue. The result was revealed that money exchange was made in twilight zone neither legal nor illegal due to dual feature of China law. It is an ambiguous judgment that did not take a strong prohibition. However, we found that minium regulation was gone just in case social trouble happened. The result of this research will expect to help Korea regulation authorities and game company that have plans to enter China market the guideline for game operation policy.

• Spatial Information Research
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• v.11 no.1
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• pp.73-88
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• 2003

Geographical data sets are expensive to create and are very easy to copy because the intellectual property rights for the distribution should be protected. The main object of copyright law is to encourage expression of ideas in tangible form and it extend only to original works, it is limited to control the balance of interests between data producers and user. Because the development of a useful legal framework for both private and public activity in this field is an important issue. This paper presents an intial attempt at such a the effective management strategy intended to support continuing research into the legal protection of geographical information.