디지털콘텐츠거래에서 플랫폼책임에 대한 관견(管見) - EU의 디지털콘텐츠계약지침안을 통하여- (A Study of Platform Responsibility in Digital Contents Transaction - Through Proposal for Directive on contracts for the supply of digital content -)

서지정보

· 발행기관 : 경북대학교 IT와 법연구소
· 수록지 정보 : IT와 법연구 / 16호 / 147 ~ 178페이지
· 저자명 : 김경숙

초록

Online contents are transacted in a variety of ways. For example, there is a case where a user purchases and uses a content directly supplied by a contents provider, but some other cases are where contents are supplied to the user through an intermediary site. In the former case, even if consumers are injured, the remedy can be easily made through withdrawal of subscription directly to the content provider.
However, in the case of purchasing using an intermediary site or P2P service, it is difficult for a consumer to get a remedy directly from the seller if the consumer is harmed. The intermediary site or P2P service is not a party to the contract because it is not the person who supplied the content directly. Under “Proposal for a Directive concerning contracts for the supply of digital content(hereinafter, “Proposal”)“, a trader as a contracting party covers not only the person who provides the content directly, but also the person who supplies a digital service. When a person who purchased digital content through an intermediary site or P2P service suffers damage, the Directive let platform provider be liable. As a result, the consumer protection is greatly enhanced. In addition, a platform provider that reimbursed damages on behalf of a user who posted illegal contents may pursue remedies against the user in order to preserve its economic loss.
On the other hand, in Korea, the so-called 'online service provider' liability is stipulated in ‘Copyright Act’ and ‘Information and Communication Network Act’, but these laws are concerned with the responsibility of the service provider to protect not consumers’ right but the rights of copyright holders.
A platform provider that makes it possible to supply digital content using online P2P or link sites does not bear the responsibility of the contract law because it is online marketing intermediary in the e-Commerce Transaction Act. For the purpose of consumer protection, it is realistic to expand platform responsibility by revising and supplementing the regulations on the responsibility of online marketing intermediary. In this regard, the proposal for Directive is highly suggestive of our legal system.

영어초록

Online contents are transacted in a variety of ways. For example, there is a case where a user purchases and uses a content directly supplied by a contents provider, but some other cases are where contents are supplied to the user through an intermediary site. In the former case, even if consumers are injured, the remedy can be easily made through withdrawal of subscription directly to the content provider.
However, in the case of purchasing using an intermediary site or P2P service, it is difficult for a consumer to get a remedy directly from the seller if the consumer is harmed. The intermediary site or P2P service is not a party to the contract because it is not the person who supplied the content directly. Under “Proposal for a Directive concerning contracts for the supply of digital content(hereinafter, “Proposal”)“, a trader as a contracting party covers not only the person who provides the content directly, but also the person who supplies a digital service. When a person who purchased digital content through an intermediary site or P2P service suffers damage, the Directive let platform provider be liable. As a result, the consumer protection is greatly enhanced. In addition, a platform provider that reimbursed damages on behalf of a user who posted illegal contents may pursue remedies against the user in order to preserve its economic loss.
On the other hand, in Korea, the so-called 'online service provider' liability is stipulated in ‘Copyright Act’ and ‘Information and Communication Network Act’, but these laws are concerned with the responsibility of the service provider to protect not consumers’ right but the rights of copyright holders.
A platform provider that makes it possible to supply digital content using online P2P or link sites does not bear the responsibility of the contract law because it is online marketing intermediary in the e-Commerce Transaction Act. For the purpose of consumer protection, it is realistic to expand platform responsibility by revising and supplementing the regulations on the responsibility of online marketing intermediary. In this regard, the proposal for Directive is highly suggestive of our legal system.

참고자료

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