자동사냥 프로그램의 법적 문제 ―미국의 MDY industries v. Blizzard Ent.판결이 다룬 저작권법 문제를 중심으로-
The legal problem in an Auto-hunting bot ― Mainly about the copyright infringement problem included in MDY Industries v. Blizzard Entertainment decision in US
- Issue Date
- 창작과 권리 No.60, pp. 145-194
- 사회과학; 오토 프로그램; 자동사냥 프로그램; 온라인게임; 게임 저작권; 기술적 보호조치; 리니지; 소진 원칙; 최초판매 원칙; 아이템; bot program; online game; MDY; copyright in game; technological measure; Blizzard; exhaustion doctrine; first sale doctrine; game items
- This Article focus on the abuse problem of auto bot which has been as an important problem as Real Money Trade of game items among many issues which the worlds best online game industry of South Korea has suffered from. As a result, I would argue that Auto-hunting bot should be finally banned in our country regardless of the presence of any specific provision after each theory supporting the justification for using a bot is separately refuted.
Even though there are various legal methods to be taken for such prohibition following the above argument, this article mainly analyzed the copyright perspective included in MDY industries v. Blizzard Entertainment case of US District Court. As a result, except that whether a temporary storage would fall under the scope of the right of reproduction is different, it seems to be similarly difficult that the exhaustion principle of copyright might be implemented into the relation between online gaming service providers and their users, even if a similar dispute would occur in Korea in the future.
In addition, under this articles analysis, it is likely that the right of integrity which is unique in Korean Copyright Act would be infringed by using a bot.
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