• 한국정보관리학회:학술대회논문집
• /
• 한국정보관리학회 2003년도 제10회 학술대회 논문집
• /
• pp.195-202
• /
• 2003

1990년대 중반부터 전자 자료의 이용 증가와 더불어 라이선스 계약이 증가하였으나 국내의 경우에는 저작권 및 계약에 관한 기초적인 지식과 협상 기술이 부족한 도서관 사서들이 라이선스 계약시에 지침으로 삼을 수 있는 자료가 아직 전무한 실정이다. 이에 본 연구에서는 라이선스의 기반이 되는 계약과 저작권과의 관계를 정립하고, 문헌조사와 설문지조사, 국내외의 사례 분석 조사 결과를 바탕으로 도서관 사서의 라이선스 계약에 지침이 될 수 있는 라이선스 모델을 개발하고자 한다.

• 무역상무연구
• /
• 제20권
• /
• pp.129-150
• /
• 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.

• 통상정보연구
• /
• 제11권1호
• /
• pp.45-66
• /
• 2009

Licensing of information is the standard of the computer information business today. The huge bulk of vendors license their computer information products. The Uniform Computer Information Transactions Act(UCITA), therefore, does not originate licensing contracts. UCITA was developed to provide basic, recognizable default rules for the existing licensing activity that goes on and expands as commerce in computer information expands. UCITA's rules govern licensing of contracts for computer information from formation through performance, including remedies if there is a breach of contract. Included in UCITA are rules for warranties, both implied and express, and rules pertaining to risk of loss in a computer information transaction. Most of the rules in UCITA are the traditional and familiar rules of contract from the law of sales and from the common law, but adapted to the special nature of computer information licensing contracts. Freedom of contract is a dominating underlying policy for UCITA, exactly as that principle is the foundation for the law of commercial transactions, generally, and exactly as that law has served all commercial transactions in the United States and has contributed to the economic growth and health of the United States.

• 유통과학연구
• /
• 제13권10호
• /
• pp.15-21
• /
• 2015

Purpose - This study examines a bundling effect on production and distribution in a patent-protected industry. Despite the heavy use of bundling strategies in the information and technology industry, literature has paid scant attention to bundling of intellectual property rights. This study examines a theoretical exploration of the bundling effect on licensing behavior. Research design, data, and methodology - To address this behavior, we build a simplified model consisting of three stages: 1) bundling decision, 2) licensing agreement, and 3) competition. The subgame perfect Nash equilibrium is applied to the model. Results - A single-patent holder with superior technology grants its own license to the multiple-patent firm, thereby leaving the market. Anticipating the single right holder's licensing strategy, the multiple-patent firm offers a bundle, making the single-right holder's bargaining position weaker. Conclusions - Bundling is an effective business strategy, resulting in multiple products for a firm as it faces other firms with single-product lines in each market. Taking advantage of the multi-patent or multi-product lines, the firm utilizes the bundling strategy obtaining better technology from the standalone single-patent firms.

• 한국도서관정보학회지
• /
• 제21권
• /
• pp.325-361
• /
• 1994

The Library of Congress' proposal to license LC MARC database and the following debate over the proposal shows that the issue on ownership of bibliographic databases, which surfaced as a topic of concern in the international library community with the OCLC's a n.0, pplication for copyright of its databases in 1982, is not fading or dead into the 1990s. In particular, the way that technological developments are outpacing the ability of the relevant organizations and legal systems to make necessary adjustments is giving the library profession a warning that cooperative efforts for further development of the international library systems, such as the UBC program, might be seriously impeded without a swift and amicable agreement on the controversial 'database ownership' issue. Here, the purpose of this paper lies in discussing the 'database ownership' issue from a macro and long-term perspective, with emphasis on its potential impacts on, and implications for, international information flows. To the end, the specific questions covered in this paper include : 1) what are the major causes of the database ownership controversy? 2) what are the potential impacts of the database ownership issue on the library profession's cooperative efforts toward free bibliographic information flows at the international level? And finally, 3) what are the implications of the database ownership issue for the Korean Library Community, which is making efforts toward the establishment of a national library network in near future through linking various library automation systems.

• 통상정보연구
• /
• 제4권2호
• /
• pp.1-12
• /
• 2002

The purpose of this paper is to examine the scope of the application of Preliminary Draft Convention, which will be fixed as international uniform rules soon, in relation to the CISG. First, this Draft Convention will cover service contracts as well as sales contract of goods, but the license agreement will be excepted because it does not transfer the complete property. Second, this will cover the commercial contracts(sales or services) concluded by data message fully or partially. Third, this will be applied in international contract regardless of contracting states or non-contracting states. As it is very difficult to confirm the places of business of contracting parties in on-line contracts, the first criterion to confirm them is the indication by the party in each contract. This presumption may be supplemented, if they are not indicated in the contract, by the location of the equipment and technology supporting an information system used by a legal entity for the conclusion of a contract. It is essential to establish an international uniform rules as soon as possible in order to activate the international businesses with on-line basis. Thus this author hopes that this paper will contribute to the clear understanding to the scope of application of Preliminary Draft Convention for which the UNCITRAL is under working.

• 한국원자력학회:학술대회논문집
• /
• 한국원자력학회 2002년도 춘계공동학술발표회요약집
• /
• pp.242-242
• /
• 2002

Two MIMAS MaX fuel rods base-irradiated in a commercial PWR have been reinstrumented and irradiated at a test reactor. The fabrication data for two MOX roda are characterized together with base irradiation information. Both Rods were reinstrumented to be fitted with thermocouple to measure centerline temperature of fuel. One rod was equipped with pressure transducer for rod internal pressure whereas the other with cladding elongation detector. The post irradiation examinations for various items were performed to determine fuel and cladding in-pile behavior after base irradiation. By using well characterized fabrication and re-instrumentation data and power history, the fuel performance code, COSMOS, is verified with measured in-pile and PIE information. The COMaS code shows good agreement for the cladding oxidation and creep, and fission gas release when compared with PIE dad a after base irradiaton. Based on the re-instrumention information and power history measured in-pile, the COSMOS predicts re-instrumented in-pile thermal behaviour during power up-ramp and steady operation with acceptable accuracy. The rod internal pressure is also well simulated by COSMOS code. Therfore, with all the other verification by COSMOS code up to now, it can be concluded that COSMOS fuel performance code is applicable for the design and license for MaX fuel rods up to high burnup.

• 정보과학회 논문지
• /
• 제42권6호
• /
• pp.713-722
• /
• 2015

OSS(Open-Source Software)의 사용 증가와 함께 라이선스 위반, 취약한 소스코드 재사용 등에 의한 분쟁 및 피해가 빈번해지고 있다. 이에, 실행파일(바이너리) 수준에서 프로그램에 OSS 모듈이 포함되었는지 여부를 확인하는 기술이 필요해졌다. 본 논문에서는 바이너리에서 함수 수준의 특징정보를 사용하여 OSS 모듈을 탐지하는 기법을 제안한다. 기존 소프트웨어 특징정보(버스마크) 기반 도용 탐지 기법들은 프로그램 전체 간 유사성을 비교하기 때문에 프로그램의 일부로 포함된 OSS 모듈들을 탐지하는데 부적합하다. 본 논문에서는, 함수 수준의 실행명령어, 제어 흐름 그래프(Control Flow Graph)와 개선된 함수 수준 구조적 특징정보를 추출하고 유사성을 비교하여 OSS 모듈의 임의 사용 여부를 탐지한다. 제안기법의 효율성과 각 특징정보들의 OSS 탐지 성능을 평가하기 위해, 특징정보량, OSS 모듈 탐지 시간 및 정확도, 컴파일러 최적화에 대한 강인성을 실험하였다.

• 한국인터넷방송통신학회논문지
• /
• 제15권5호
• /
• pp.19-28
• /
• 2015

한국저작권위원회 디지털저작권거래소는 저작물에 통합저작권관리번호(ICN)를 부여하고 이를 바탕으로 저작물 및 저작권이용허락계약에 대해 운영 관리하고 있으며, ICN이 부여된 저작물에 대해 통합검색 서비스를 제공하고 있다. 통합검색 서비스는 저작물의 ICN 메타데이터를 바탕으로 키워드 기반 검색 방법을 이용하여 메타데이터의 키워드 포함 여부에 따른 검색 결과를 제공한다. 하지만 키워드 기반 검색 방법은 이용자가 원하는 정확한 검색 결과를 제공하지 못하는 한계를 가지고 있다. 따라서 정확한 검색 결과를 제공할 수 있는 방법이 필요하다. 본 논문에서는 저작물에 대한 의미 기반 검색 방법의 적용 및 검색 결과의 높은 정확도를 제시하기 위해 ICN이 부여된 저작물의 ICN 메타데이터를 온톨로지로 확장하여 메타데이터 요소간의 관계 및 의미를 정의한 저작물 온톨로지를 구축하였다. 구축한 온톨로지에서 추론을 통한 의미 기반 검색의 가능함과 키워드 기반 검색 방법과의 정확도 비교를 위해 5가지 시나리오를 선정하였으며, 시나리오별 각 검색 방법의 결과 및 정확도의 비교 결과를 제시하였다.

• 무역상무연구
• /
• 제59권
• /
• pp.3-26
• /
• 2013

The purpose of this paper is to examine the several points at issue in international technology transfer contract from licensor's and licensee's perspectives, and to refer them when the licensor and the licensee draw up the contract. This author analyzed the critical points of the related provisions of ICC Model International Technology Transfer Contract(2009) by citing the explanations of the Introduction of the Model Contract. The provisions of the Model Contract are generally divided into two categolies; specific conditions and general conditions. This author selected four topics in the specific conditions; Contents of the Contract, Royalty, Modification and/or Improvements of Products, and Territory and Competition. Likewise this author selected three topics in the general conditions; Resolutions of Disputes, Applicable Law and Taxes. Both parties need to be mindful of the following points in the above topics, when they draw up the contract. First, both parties should make the definitions of special terminologies clear, which are included in the Contract. Second, before the parties sign the Contract, they should check any approvals to be necessary by the both countries' governments. Third, for the calculation of the royalty, they should clear the criteria, the scope, and the object. Fourth, as the local laws or regional laws regarding the territory limitation and taxation are mandatory, any provisions of the Contract should not be inconsistent with them. Therefore, both parties should check before-hand the local laws or rules related with the provisions of the Contract. Fifth, when the parties draw up the Contract, they should examine the Provisions of Dispute Resolution in consideration of the Governing Law. Thus both parties decide to make the technology transfer contract, the three aspects namely profitability, legal conflict with mandatory rules, and sustainability of the business resulting from the Contract should be examined in advance, and then proceed the business using the technology transfer.