Digital copyright and Social welfares
Yun Myung Kim digitallaw@naver.com
김윤명(5월의 바람) - 법학박사(지적재산권법 전공) - 저서 퍼블릭도메인과 저작권법 인터넷서비스와 저작권법 이러닝과 저작권법 저작권법 커뮤니케이션 - deview2013, OSS 발표 - works for NHN, empas
Contents 1. What & why? 2. Protection vs. fair use 3. Network effects & monopoly 4. Open Innovation : open source 5. Public service & limitation 6. User benefits 7. Conclusion
1. What & Why?
Convergence
ICT & broadcasting and, all types of CPND(contents, platform, network, device)
Various issues copyright piracy, misuse, monopoly, OSP liability and etc
Purpose Digital copyright policy in social welfares related to network effects, technology innovation and public svc.
2. Protection vs. fair use
The philosophy & value of copyright; revitalization of information fluency and freedom of speech
Copyright law has two purposes.
to protect copyright & neighboring rights
to promote fair use
Improvement of the culture & related industries
3. Network Effects & monopoly
One person’s activity has on the value of that product on other people.
Positive network effects; the more valuable, the more people join
Negative nework effects; congestion; monopoly
In the SW echo system, to reduce illegal copy vs. to allow illegal copy
4. Open Innovation
The act of introducing something new, especially new technology - Schumpeter
But, radical innovation leads to confusion in the market and conflicts of stakeholders.
Bucks music, Soribada, Grokster vs. – accused and stopped Music copyright owners
Open innovation is an alternative. using external ideas as well as internal ideas; sharing risk and reward
Open source SW is a successful innovation!
5. Public service & copyright limitation
Services provided by government(central, local)
free access for the public interests
Types of free use for public services Judicial Proceeding, School Education, Library Services
Copyright law limits copyright to use it for the public interests.
6. User benefits
The stronger the copyright policy, the less user welfare
Some technologies weaken user welfare. However, strong policy brings legal stability and various business models.
Social welfare depends on network effects.
As mentioned earlier, in high network effects, illegal copy is controlled, but in low network effects, illegal copy allowed to get their M/S
7. Conclusion
Strengthening copyright policy does not always lead to incentives. But sometimes mitigation leads to user welfares.
In addition, compulsory license is needed as an alternative policy.
sum up The direction of copyright policy should be induced active use of works. Without using them, social welfares and owners profits are not attained.