@article{ART002566054},
author={Park HyungKyung},
title={A Case Study on the Standard for the Calculation of Damages to the Copyright regarding Computer Program Works},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2020},
number={86},
pages={307-346},
doi={10.31839/DALR.2020.02.86.307}
TY - JOUR
AU - Park HyungKyung
TI - A Case Study on the Standard for the Calculation of Damages to the Copyright regarding Computer Program Works
JO - DONG-A LAW REVIEW
PY - 2020
VL - null
IS - 86
PB - The Institute for Legal Studies Dong-A University
SP - 307
EP - 346
SN - 1225-3405
AB - This case is a ruling on the calculation of damages infringing copyrighted computer program works, and it is noted that the retail price of the program itself is based on the calculation of damages. This is evaluated as a judgment that calculates the damage amount considering the sanction effect on the infringer, deviating from the strict balanced damage theory, and triggered alarm on program piracy practices in the society.
This study examines the legal theory of damages calculation in this case through civil law and copyright law, and discusses it’s implications and impact on subsequent cases. First of all, I will examine the meaning of damages in this case and the problem of the method of calculating the amount of damages.
First of all, damages in this case are based on normative damages.
Damages in intellectual property rights, such as copyright, means loss of market opportunities for the owner, and should be distinguished from the calculation of specific profits.
Second, section 125 of the Copyright Act on the calculation of damages should be interpreted in connection with the concept of damages.
Therefore, based on the normative concept, it would be desirable for Article 125 of the Act to estimate or agenda arising out of the occurrence of damages.
Lastly, I do not think that too much damage calculation does not fit the purpose of the damage system, which is a fair burden of damage.
Subsequent rulings after the final ruling seem to show the court's efforts to select the amount of damages in the light of the generally fair burden.
KW - computer program works;balanced damages;normative damages;compensation for lost profits;copyright law art. 125
DO - 10.31839/DALR.2020.02.86.307
ER -
Park HyungKyung. (2020). A Case Study on the Standard for the Calculation of Damages to the Copyright regarding Computer Program Works. DONG-A LAW REVIEW, 86, 307-346.
Park HyungKyung. 2020, "A Case Study on the Standard for the Calculation of Damages to the Copyright regarding Computer Program Works", DONG-A LAW REVIEW, no.86, pp.307-346. Available from: doi:10.31839/DALR.2020.02.86.307
Park HyungKyung "A Case Study on the Standard for the Calculation of Damages to the Copyright regarding Computer Program Works" DONG-A LAW REVIEW 86 pp.307-346 (2020) : 307.
Park HyungKyung. A Case Study on the Standard for the Calculation of Damages to the Copyright regarding Computer Program Works. 2020; 86 : 307-346. Available from: doi:10.31839/DALR.2020.02.86.307
Park HyungKyung. "A Case Study on the Standard for the Calculation of Damages to the Copyright regarding Computer Program Works" DONG-A LAW REVIEW no.86(2020) : 307-346.doi: 10.31839/DALR.2020.02.86.307
Park HyungKyung. A Case Study on the Standard for the Calculation of Damages to the Copyright regarding Computer Program Works. DONG-A LAW REVIEW, 86, 307-346. doi: 10.31839/DALR.2020.02.86.307
Park HyungKyung. A Case Study on the Standard for the Calculation of Damages to the Copyright regarding Computer Program Works. DONG-A LAW REVIEW. 2020; 86 307-346. doi: 10.31839/DALR.2020.02.86.307
Park HyungKyung. A Case Study on the Standard for the Calculation of Damages to the Copyright regarding Computer Program Works. 2020; 86 : 307-346. Available from: doi:10.31839/DALR.2020.02.86.307
Park HyungKyung. "A Case Study on the Standard for the Calculation of Damages to the Copyright regarding Computer Program Works" DONG-A LAW REVIEW no.86(2020) : 307-346.doi: 10.31839/DALR.2020.02.86.307
