[A2k] Korea's proposed "three strike out" copyright legislation
Jeffrey A. Williams
jwkckid1@ix.netcom.com
Wed Oct 15 11:44:01 2008
Jisung and all,
Thank you for sharing this information. I and our Korean
members had already been following this while in development
and were aware accordingly.
What's important about this proposed "three strike out" on
copyright legislation is that it requires service providers to carry
a significant part of the load of enforcement, which is doubtful can
realistically be achieved. Further users that do not use service
providers don't seem to be included in this proposal as to
enforcement with obvious ramifications. It would also seem
that the service providers would be inclusive of Domain name
Registries and Registrars, and if so would greatly serve to send
a message that "The parties over" as far as a do as we wish
attitude and serve to focus more closely on these classes of
service providers that is greatly needed.
I for one am also to an extent happy to see that France in
particular is on board with this proposed legislation and will
cooperate accordingly. Let's see if that eventually works in
practice...
Jisung Kim wrote:
> The Ministry of Culture, Sports and Tourism (MCST) announced a bill
> which includes an so called "three strike out(or graduated response)"
> provision on July 16, 2008 on its web site. The bill is expected to be
> introduced to the National Assembly during its 2008 regular session
> which opened September 1^ and will continue for 100 days until December 1=
0.
>
> The bill includes four major amendments to the Copyright Act: 1)
> integrating the Computer Programs Protection Act into the Copyright Act,
> 2) providing computer program works related exceptions (article 101 bis
> to article 101-2), 3) establishing the Korean Copyright Commission
> (article 112, 112-2), and 4) providing so called =A1=B0three strike out=
=A1=B1 or
> =A1=B0graduated response=A1=B1 measures (article 133-2).
>
> I have translated the Article 133-2 into English and you can see the
> translation of Article 133-2
> <http://www.ipleft.or.kr/bbs/view.php?board=3Dipleft_5&id=3D488&page=3D1&=
category1=3D3>
> at
> http://www.ipleft.or.kr/bbs/view.php?board=3Dipleft_5&id=3D488&page=3D1&c=
ategory1=3D3
> <http://www.ipleft.or.kr/bbs/view.php?board=3Dipleft_5&id=3D488&page=3D1&=
category1=3D3>
> . You can get an English translation of the Copyright Act
> <http://eng.copyright.or.kr/law_01_01.html> at
> http://eng.copyright.or.kr/law_01_01.html .
>
> According to the the Article 133-2, the Minister of Culture, Sports and
> Tourism may order after the deliberation by the Copyright Commission;
>
> 1) online service providers (who provides email, blog, personal home
> page, P2P or etc.) to warn the reproducers/transmitters of illegal
> reproductions,
>
> 2) online service providers to delete or stop transmission of illegal
> reproductions,
>
> 3) online service providers to suspend or terminate the user account
> when the owner of such account has been warned through online
> service providers about his copyright infringing activities and
> still repeatedly transmits illegal reproductions,
>
> 4) online service providers to close the bulletin board that have
> received orders to delete or stop transmission of illegal
> reproductions more than three times, or
>
> 5) information and telecommunication service providers (broadband
> Internet connection providers) to block connections to their
> information and telecommunication network of such online service
> providers who has been subject to a fine more than twice because
> of its failure to implement filtering (Paragraph (1) of Article
> 104) or to a fine more than three times because of failure to
> abide by the orders under the circumstances described above in 2),
> 3) or 4).
>
> IPLeft and JinboNet is trying to stop the legislation going forward and
> passed in the National Assembly.
>
> Me and other activists at the IPLeft and JinboNet are aware of that
> there are many similar legislation attempts or agreements between
> right-holders and Internet service providers in other countries
> including France, Japan, United Kingdom, New Zealand, Australia.
>
> If anyone on the A2K list can provide his/her opinion about the =A1=B0thr=
ee
> strike out=A1=B1 provision of the Korean government or inform us recent
> developments around this issue in his/her country, it will be very
> helpful for us.
>
> If an opinion statement can be prepared until Oct. 20 and it supports
> the position of IPLeft and JinboNet, I would include it in a booklet
> that consists of our position and related informational materials on
> various legislative issues of 2008 regular session of the National
> Assembly. We will distribute the booklet to some members of the National
> Assembly. If you send us an statement on this issue after Oct. 20, we
> can post your opinion on the IPLeft web site or send it to members of
> the National Assembly. Please send your opinion statement or any
> information on this issue to me (to.jisung@gmail.com).
>
> Thank you,
>
> --
> Jisung Kim
> Member of executive committee
> IPLeft
> to.jisung@gmail.com
>
> http://www.ipleft.or.kr
> Tel: +82-2-701-7687
> Fax: +82-2-701-7112
>
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