S/W Copyrights Infringement Dispute Centers on Streaming Technology
S/W Copyrights Infringement Dispute Centers on Streaming Technology
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  • 승인 2004.09.01 12:01
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The Program Deliberation and Meditation Committee (PDMC) under the Ministry of Information and Communication (MIC) recently delivered an authoritative interpretation on the controversial use of software based on the streaming technology. The Committee ruled that the use of such software, sitting in server, is not a copyright infringement.

However, the PDMC decision may bring considerable criticism. In response, a handful of software developers at home and abroad voiced their common concerns. The seven-member software developers' council composed of Haansoft, Ahn Lab, Sejoong Namo Interactive, MicroSoft Korea, Adobe Systems, Korea Macro Media and Auto Desk said in a statement that the possible abuse of S/W streaming technology may have a serious impact on the software development industry.

by Paul Paik, Reporter / ppaik@ittimes.co.kr

ot Infringement' 'Restriction is Kind of Rights Abuse': PDMC

Industry Stresses Negative Effects to SW Developers

The PDMC recently decided that Softonnet S/W streaming technology, Stream,"did not infringe copying, transmitting and remaking rights protected by the Computer Program Protection Act. It also ruled that the limit of S/W streaming by copyright holders through applying the one license for one PC formula and not offering reasonable license is an outright abuse of their rights.

The PDMC decision took form of an opinion presentation by the request of Softonnet, the S/W streaming technology holder, and the Korea Software Property Rights Council (SPC). It is significant that this is the first authoritative interpretation by the authoritative body.

With the PDMC decision, the hot controversy over S/W streaming will be initially subdued and the market for the S/W streaming, the key technology in the S/W on-demand sector will be invigorated. Actually, S/W streaming technology has been available to government, large companies and some universities. The Electronics and Telecommunications Research Institute (ETRI) has provided ondemand trial services. But reluctance by the copyright holders for fear of declining sales has hampered its activity.

The PDMC examined thoroughly the possible infringement of copying, transmitting and remaking rights in the S/W streaming case.

Regarding the copying right, as general users can not reach the contents of the cache file created through S/W streaming and the file can not be driven independently, the reuse of it is impossible. That why it decided that it is not associated with copyright infringement. The PDMC decision has brought harsh protest by related companies. Domestic and foreign software developers expressed common opinions, such as orrisome" over the PDMC interpretation on the use of the S/W streaming method.

The software developers' council said that the S/W streaming method may cause disorderly use of S/W and illegal copying regardless of copyright holding companies. It may also nullify software copyright as the private negotiating rights, the basic rights of copyright holders, are not guaranteed sufficiently. As a result, it may shake the overall S/W industry, the council worried.

As a way to solve the problem, the council stressed that the S/W streaming method should be used after sufficient consultation with copyright holding companies and agreement. Also, the council suggested simultaneous user limiting right should be given to copyright holders and the S/W streaming companies should report user logs automatically to copyright holders.

The PDMC decision was made in meetings of 20 experts from the government, industry and judicial world and will have a huge impact on law suits in this area.

With the legal case filed in May by the SPC against Juseong College of Cheongju now in process, the Cheongju District Court appears to view the decision positively.

Purchase of Z Stream by some major businesses, public offices and universities that wanted to buy this but held off due to the copyright infringement matter is expected soart.

Above all, this will likely trigger the development of new streaming technology and expand the market, industry observers said. The decision will help the country build a systematical base for innovating next-generation software distribution and services by linking Korea high-speed telecommunications networks and software streaming technology, they added.

Position of the 'Korea Software Property-right Council'

Domestic, Foreign S/W Copyright Holders Plan to Deliver Joint Statement

The Korea Software Property Rights Council (SPC) has expressed its position on the PDMC authoritative interpretation and recommendations regarding the controversial use of software based on streaming technology.

Regarding the DMC interpretation that streaming technologybased software does not violate copyrights, the SPC held a meeting of copyright holders and agreed to announce a joint statement. Each copyright holder will also visit the PDMC office to protest and explain to the MIC the situation that software developing companies will now face.

At the meeting, the participating firms claimed that the PDMC decision was not based on joint technological analysis with copyright holders and lacked unbiased standards for fair judgment. The decision to create a network license for Softonnet Z Stream ignored copyright holders' rights, they claimed, though the criteria for licensing can differ according to budget, manpower and size of each company.

Heo Han-beom, a director of Haansoft, pointed out that it is true that marketing skills should follow shifts in infrastructure, but an action to shake the base of the ust-emerging" software industry like this should be reconsidered.

Kim Kyu-sung, the SPC secretary general, said, he PDMC decision is deplorable, and as it doesn have binding force the legal suits now in progress will continue."

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