TITLE	Supreme Court Decision 2015Da1017, 1024, 1031, 1048 Decided November 23, 2017¡¼Affirmation of Nonexistence of Obligation due to Copyright; Damages (Etc.)¡½ [full Text]
Summary
[1] In the event a person who obtained permission, from an author who holds economic rights, to reproduce via installation of a computer program and then used the program by installing it in auxiliary memory, such as a hard disk drive (HDD), whether such act constitutes use of a copyrighted work under Article 46(2) of the Copyright Act (affirmative) If the person who obtained permission of reproduction breaches a contractual obligation regarding the program usage method and conditions stipulated under an agreement with the author holding economic rights, whether such case may be deemed an infringement of that author¡¯s right of reproduction (negative) [2] In a case where a user, while running a computer program installed in auxiliary memory, such as an HDD, downloads the program onto main memory (random access memory or RAM), whether such act constitutes ¡°temporary reproduction¡± under Article 2 Subparag. 22 of the Copyright Act (affirmative) Legislative intent of the Copyright Act that includes ¡°temporary reproduction¡± in the concept of ¡°reproduction¡± under Article 2 Subparag. 22 while having an exemption clause on temporary reproduction under Article 35-2 of the same Act, and scope of temporary reproduction that is subject to such exemption

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