(1) This case is significant in that the Supreme Court found p2p file sharing software “Soribada” – Korean Napster - liable for copyright infringement by aiding its subscribers’ crime.
(2) Following its reasoning in 2005Da11626 (see below), the Supreme Court did not differentiate civil liability and criminal liability.
(3) The Supreme Court held that all direct and indirect acts that facilitate copyright infringement are considered aiding. Moreover, it is sufficent that the aider was reckless and it is not required that the aider was specifically conscious of the date or place of infringement, the object copied, or the identity of the principal.
Topic, claim, or defense
Appellate Domestic Court
Type of service provider
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)