「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. |
