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| TITLE | 【Syllabus of Latest Opinion】Supreme Court en banc Decision 2017Do19025 Decided September 9, 2021 【Aiding and Abetting Violation of the Copyright Act】 [full Text] |
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| Summary | |
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【Main Issues and Holdings】 [1] Whether an act of posting a link to a posting, infringing on the right of public transmission, a web page, on which the posting is located, etc. constitutes an infringement on the right of public transmission (negative) [2] Where a principal offender does not unpublish a posting by deleting the posting, infringing on the right of public transmission, from the server after making the posting available for the public so that the members of the public may have access at the time and place of their own choice by uploading the posting on the Internet website server, etc., whether the criminal act of the principal offender may be subject to aiding and abetting (affirmative) Whether a person’s act of commercially and continuously posting a link to a cinematographic work, corresponding to a posting which infringes on the right of public transmission, on the website operated by him/her may constitute an act of aiding and abetting the crime of the principal offender who infringed on the right of public transmission by means of interactive transmission (affirmative) Where aiding and abetting the infringement on the public transmission right may not be constituted |
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