Opinion: why Korea’s three strikes law is constitutional
08 December 2010
|
Managing Intellectual Property
Jeong Yeol Choe of Yulchon explains why Korea’s three-strikes rule is unlikely to be ruled unconstitutional if a claim is brought
The amended Korean Copyright Act which came into effect on July 23 2009 introduced a so-called three-strikes rule.
The rule provides that if a person has been issued with three or more warnings from an online service provider that has received an order from the Ministry of Culture, Sports and Tourism (MCST) for repetitively copying or transmitting illegal reproductions on the internet, then the Ministry may order the online service provider to suspend that person's account (excluding his or her email account) for a fixed period of up to six months after a review by the Korea Copyright Commission.
The online service provider must notify the suspension of the account to the account holder and then suspend the account.
The amended Copyright Act...
Only subscribers have complete access to Managing IP,
log in or
subscribe now.
Alternatively take a
free trial, giving you seven days access to Managing IP and regular newsletters for the international IP community, and US and Canadian practitioners specifically.
Subscribe Now
This article is available to subscribers. Please click subscribe to read the rest of the article.
Subscribe
Take a free trial
Please take a free 48-hour trial to gain limited access. Some articles and surveys may be excluded.
Take a free trial