「知財管理」誌

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掲載巻(発行年) / 号 / 頁 2巻(2002年) / 2号 / 14頁
論文区分 論説
論文名 Recent Legal Developments Concerning Digital Contents Business
著者 デジタルコンテンツ委員会
抄録 As for the trend of legal systems relevant to the digital contents business, there have been the
enforcements of; Law on Management Business of Copyright and Neighboring Rights (October,
2001) which grants the freedom of entering into management business of copyrights; a law to clarify
the scope of responsibility that has to be borne by a provider with regard to the acts of infringements
and other illegal acts that occur over Internet and to provide a right to claim the disclosure of the address
etc. of a sender of the infringing information (May, 2002); and a law to have the timing of formation
of contracts made via Internet to be based on the principle of arrival (December, 2001).
Furthermore, as for cases that should be noted, there are; a decision finding used game software
sales as a tort; a decision finding a right to claim compensation of the damages caused by torts in
the use of a database; a decision relevant to the publicity right of a famous article; and a decision
ruling the sales of memory cards used for game software as a tort on the ground that it assisted the infringement
of the right of preserving the integrity.
In this paper, the authors would like to introduce these laws and cases ,and make remarks.
Copyright (C) Japan Intellectual Property Association All Rights Reserved.