The USA has engaged in the Free Trade Agreement(hereinafter referred to as "FTA") negotiations for the past fifteen years. From the standpoint of commercial benefits, South Korea is the most important countries among which USA has negotiated for FTA S...
The USA has engaged in the Free Trade Agreement(hereinafter referred to as "FTA") negotiations for the past fifteen years. From the standpoint of commercial benefits, South Korea is the most important countries among which USA has negotiated for FTA South Korea is the world's tenth largest economy. It is America's seventh largest trading partner with two-way trade amounting to approximately $72 billion a year. U.S. exports of goods to South Korea have increased 53 percent for the last ten years following the establishment of the WTO. South Korea's imports in services from America have almost doubled over that period. According to several recent academic studies, the FTA between South Korea and America will increase the incomes of the two countries by several, billions of dollars. Hence, the USA expressed a high hope that the FTA will be beneficial to both countries. Similarly, the FTA negotiation is of great import to South Korea.
In terms of limitations on copyright infringement liability for online service providers, which may be emerged as a main issue during the FTA negotiation between the two countries, this Article discusses South Korea's countermeasures against U.S. FTA drafts, analyzing the FTA between America and other countries, and Digital Millenium Copyright Act in America. The Article principally explores U.S. FTA, depending on the FTA between the USA and Australia because, except a few different words, the FTA between America and Australia is identical to the FTA into which the USA entered with Singapore and Bahrain If the USA-Australia FTA differs from the USA-Singapore FTA or the UBA-Chile FTA, the latter will be explained in the relevant parts.
The focal, issues in this regard will be as follows: (i) whether limitations on liability for OSP should be determined on basis of the type of services; (ii) whether transient storage should be included in the provision pertinent to limitations on liability for OSP; (iii) how the detailed notification proceeding related to notice and take-down should be dealt with; and (iv) whether OSP is obliged to offer information about copyright infringers to an alleged copyright owner.
The Article proposes our countermeasures against the expected U.S. FTA drafts in the four issues.