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A Comparative Analysis on Amicus Curiae and Software Appraisal in the Copyright Act

  • Journal of Software Assessment and Valuation
  • Abbr : JSAV
  • 2018, 14(2), pp.21-34
  • Publisher : Korea Software Assessment and Valuation Society
  • Research Area : Engineering > Computer Science

Kim Si Yeol 1 Kim MinJeong 2

1(재)한국지식재산연구원
2숭실대학교

Candidate

ABSTRACT

This study examines the implications of an appraisal system based on Article 119 of Korean Copyright Act, especially the appraisal of computer program works, by reviewing the amicus curiae system of the United States. Although the amicus curiae system is not exactly a target contrasted with the Korean appraisal system, it is meaningful to compare them in various aspects. The amicus curiae system is viewed positively for its function of providing information during litigation, supporting the court’s understanding of specialized fields, and providing opportunities for the socially disadvantaged to participate. As for software appraisal system under the Korean Copyright Act, on the other hand, more active participation is demanded in the dispute resolution process. Thus, through comparison with the amicus curiae system, this study considers the degree of appraisal involvement, the level of activeness in appraisal, the appraisal by expert groups, and the issue of appraisal costs.

Citation status

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