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| TITLE | Supreme Court Decision 2008Du1832 Decided October 13, 2011 [Revocation of Correction Order, Etc.] [full Text] |
|---|---|
| Summary | |
| [1] In a case where Gap corporation, a mobile communication service provider, included independently developed DRM (Digital Rights Management) technology to its MP3 mobile phones and its online music website, which made it possible for customers using Gap's MP3 mobile phones to listen to only music files bought on the above music website while music files bought on other music websites had to undergo a separate converting process after becoming a member of the above music website, for which the Fair Trade Commission ordered Gap corporation to correct this act and pay surcharge, the Court affirmed the ruling of the court below to pronounce the above Fair Trade Commission disposition as unlawful, on the grounds that Gap's acts cannot constitute an ""unfair interference of the competitor's business"" due to the lack of establishment of the unfairness requirement. [2] In a case where Gap corporation, a mobile communication service provider, included independently developed DRM (Digital Rights Management) technology to its MP3 mobile phones and its online music website, which made it possible for customers using Gap's MP3 mobile phones to listen to only music files bought on the above music website while music files bought on other music websites had to undergo a separate converting process after becoming a member of the above music website, for which the Fair Trade Commission ordered Gap corporation to correct this act and pay fines, the Court ruled that Gap's acts could not be seen as ""acts which run the risk of doing considerable harm to the interest of consumers"" | |
