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Copyright dispute of "streaming SW" getting hotter
Date 2004-08-23
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A recent copyright controversy, caused by Program Deliberation & Mediation Committee(PDMC)'s authoritative interpretation over the use of streaming software, is getting hotter by the day.

Korean Software Property-right Council(SPC), a copyright protection organization for Korean software companies, is being strongly opposed to PDMC's interpretation that the use of streaming software within the extent of a license is not a copyright infringement.

A Korean branch of Business Software Allicance(BSA), representing American SW companies' interests, also expressed strong concerns, on August 10, about the interpretation.

SPC is going to address a protest to Ministry of Information and Communication and issue a joint statement on the matter; and Korean branch of BSA is going to consider taking a legal action, saying "PDMD's role is limited to deliberating and mediating. It has gone beyond its powers this time".

PDMC is holding its opinion, though, in spite of the protest from SPC and BSA.

The streaming technology gives PC users access to a server computer which has an original software installed in it and enables them to use the SW without installing it in every single PC.

However, SPC sticks to '1 PC, 1 license policy', and that kind of technology could decrease the sales of softwares.

In a situation like this, Softonnet, a Korean venture company, launched a SW solution program called 'Z!Stream' last year which makes it possible to use streaming softwares, and it was provided mainly for domestic universities.

That is how the dispute between PC SW package companies and Z!Stream users began to come to the surface.

In the end in April 2003, 6 companies (including Haansoft, Microsoft and Macromedia) belonging to SPC filed a lawsuit against a university in Chungbuk province who was using Z!Stream, accusing it of infringing on computer program protection law. Then the university and Softonnet requested Ministry of Information and Communication for deliberation on the matter and the ministry brought it to PDMC.

Consequently, the authoritative interpretation made by PDMC is the answer for Softonnet. The interpretation does not have any legal power, though. That is why there is nothing SPC can do about it in an institutional way.

The controversy is getting attention because it means more than just finding out whether the use of streaming software violates copyrights: it could provide a turning point in which the whole Korean SW license policy is fundamentally reexamined.

(Cited from Digital Times : www.dt.co.kr)
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