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[6WashJLTech&Arts171] The “Three Strikes” Policy in Korean Copyright Act 2009: Safe or Out

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dc.contributor.author Moon, Sun-Young
dc.contributor.author Kim, Daeup
dc.date.accessioned 2011-01-28T21:40:12Z
dc.date.available 2011-01-28T21:40:12Z
dc.date.issued 2011-01
dc.identifier.citation 6 Wash.J.L. Tech & Arts 171 (2011) en_US
dc.identifier.issn 2157-2534
dc.identifier.uri http://hdl.handle.net/1773.1/559
dc.description.abstract Sun-Young Moon is a Professor of Law at Sookmyung Women’s University in Seoul, Korea. Daeup Kim is an LL.M. Candidate at Sungkyun Kwan University in Seoul, Korea. This research was supported by the Sookmyung Women’s University Research Grants 2010. Korea has grown to be one of the Internet powers in a short period. Because of insufficient copyright protection, Korea recently revised the Korean Copyright Act to reinforce protection of copyright and promote sound distribution of copyrighted works. The new law allows the Minister of Culture, Sports and Tourism to issue orders and the Korea Copyright Commission to issue recommendations. Orders and recommendations are distinguished by the subject of the issuance and the legal force. Orders and recommendations enable online service providers to delete or stop transmission of illegal reproductions, give warning notices to infringers, or suspend the account of repetitive infringers. The “three strikes” policy is controversial and has raised several constitutional concerns. First, the suspension of the repeat infringer’s account may be an unconstitutional violation of the infringer’s freedom of speech. Second, an executive agency’s decision to issue a correction order could be an unconstitutional violation of the separation of powers. The final concern is that the policy violates the principles of due process. This Article examines the “three strikes” policy, the constitutional concerns regarding the policy, and possible policy revisions for more effective copyright protection. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Journal of Law, Technology & Arts, University of Washington School of Law en_US
dc.subject Intellectual Property en_US
dc.title [6WashJLTech&Arts171] The “Three Strikes” Policy in Korean Copyright Act 2009: Safe or Out en_US
dc.type Article en_US
dc.rights.holder Copyright 2011 Sun-Youn Moon & Daeup Kim en_US

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