Duty LXD-6629
Distributes a software product, in South Korea
Copyright Act, economic rights, program provisions and infringement remediessince 6 lines
Copyright Act of the Republic of Korea, Arts. 4, 16, 18, 20, 22, 101-2, 101-4, 101-5, 123, 125 and 136 · Read the law's page
- Treat a computer program work as a work the Act protects (Article 4(1)(9)); the Act does not protect the programming language, protocol or algorithm used to prepare a program (Article 101-2).
- Obtain the author's permission to reproduce a work, transmit it in public, distribute its original or copy, or produce and use a derivative work based on it (Articles 16, 18, 20 and 22).
- If you use a program with legitimate authority and cannot easily obtain the information needed for compatibility, you may decompile its program codes without the rights holder's permission, limited to the part necessary for compatibility, and you may not use the information obtained for another purpose, provide it to a third party, or build substantially similar programs from it (Article 101-4).
- If you possess and use a copy of a program with legitimate authority, you may reproduce the copy to the extent necessary to provide against its destruction, damage or deterioration (Article 101-5(1)).
- Expect to be asked to stop an infringing act and, where the infringement was intentional or negligent, to answer for damages; the profit you gained is presumed to be the damages sustained (Articles 123(1) and 125(1)).
- Infringing author's economic rights by reproduction, performance, public transmission, exhibition, distribution, rental or production of derivative works is punishable by imprisonment with labor for up to five years or a fine not exceeding 50 million won, or both (Article 136(1)(1)).
Information and Communications Network Act, Report on Computer Security Incidentssince 3 lines
Arts. 48-3 and 48-4 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Act No. 20069, ) · Read the law's page
- Immediately report a computer security incident to the Minister of Science and ICT or to the Korea Internet and Security Agency upon discovering it; a report already made for the same incident under another statute satisfies this duty and need not be repeated.
- A person who operates an information and communications network, a provider of information and communications services included, must analyze the cause of the incident, respond based on the results of that analysis, and take measures to keep the resulting damage at bay (Article 48-4(1)).
- Preserve data when the Minister of Science and ICT orders it, and submit on the Minister's demand the data needed to analyze the incident's cause; submitting false data or refusing to submit it is separately finable, and failing to preserve data after an order to do so is a criminal offense (Article 73, item 6).
- The reporting and data duties below bind a provider of information and communications services, the Act's own broad term for a person who, for profit, provides information or acts as an intermediary in providing information using a telecommunications business operator's services, with no revenue or user threshold gating these duties; a separate certification duty in this Act binds only a designated information and communications service provider identified by revenue or user count and is not raised here. The cause-analysis duty in Article 48-4(1) reaches any person who operates an information and communications network, a provider included.