DVD와 기술적 보호조치 = Technological Protection Measures under the Copyright Act and DVD

다국어 초록 (Multilingual Abstract)

  Digital environments basically based upon computer technology and communication technology have made it much easier to reproduce and distribute copyrighted works. Responding to this, copyright owners began deploying technological protection measures. Quite not satisfied with this measures, copyright owners lobbied for the prohibition against the circumvention of technological measures successfully. DVD was developed around mid 1990s. Copyright owners have applied to DVD such technological measures as CSS(content scramble system), regional coding system, and other measures to restrict copying of, and access to DVD contents. Unfortunately to the copyright owners, however, those technological measures have been circumvented around the world, and many suits have ensued. There are many hotly-debated issues in the circumvention of DVD technologies such as the restriction of fair use, conflict with the trade secret law, access control and copy control, potential conflict with the freedom of speech, and etc. This article deals with those issues with critical analysis, and it reviews US cases dealing with those issues as well as DVD technologies in detail.

목차 (Table of Contents)

• Ⅰ. 저작권과 기술적 보호조치
  Ⅱ. DVD의 기술적 보호조치
  Ⅲ. DVD의 기술적 보호조치 관련 사례
  Ⅳ. DVD와 지역코드
  Ⅴ. 결론
  【참고문헌】
  【Abstract】
  

참고문헌 (Reference)

1 "한-미 FTA 예상쟁점" 2006.6

2 "Why A DVD Is like a Garage Door Opener: The Federal Circuit Tackles the DMCA in Chamberlain Group v. Skylink Technologies" 13 (13): 2005

3 "Website Operators and Misappropriators Beware! The California Supreme Court Holds A Preliminary Injunction Prohibiting Internet Posting of DVD Decryption Source Code Does Not Violate the First Amendment in DVD Copyright Control Association, Inc. v. Bunner" 11 (11): 2004

4 "Video Copy Protection FAQ, http://www.macrovision.com/products/activereach_ dvd/faq.shtml#a1"

5 "Trade Secrets, The Internet, and the First Amendment: DVD CCA v. Bunner" 10 (10): 2004

6 "The Openlaw DVD/DeCSS Forum Frequently Asked Questions (FAQ) List, http://cyber.law.harvard.edu/openlaw/DVD/dvd-discuss-faq.html#ss1.1.2"

7 "The DMCA Anti-Circumvention Provisions and the Region Coding System: Are Multi-Zone DVD Players Illegal after the Chamberlain and Lexmark Cases?" 2005

8 US Copyright Office, "Rulemaking on Exemptions from Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies" 2003.10

9 "Regional Coding Enhancement FAQ, http://www.dvdtalk.com/rce.html"

10 "Recommendation of the Register of Copyrights" 2002.4

11 "Modified to Fit Your Screen: DVD Playback Technology, Copyright Infringement or Fair Use?" 24 (24): 2004

12 "Macrovision ActivReach RipGuard DVD, http://www.macrovision.com/products/ activereach_dvd/ripguard/index.shtml"

13 "Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies" 2000

14 "DVD Copy Control Association v. Bunner:Freedom of Speech and Trade Secrets" 19 (19): 2004

15 "DVD Copy Control Assn., Inc. v. Bunner: The Collision Course of Trade Secrets and Freedom of Speech" 27 (27): 2005

16 "Copy Right and Copy Wrong:DVD JON and 321 Studio Take on the Movie Industry" 39 (39): 2005