Supreme Court Decision 2009Da4343, March 11, 2010

Document type
Court Decision
(1) This decision applied the rule of 2008Da53812 (see below), the leading case on intermediary liability, on copyright infringement. The defendant was Yahoo Korea and the plaintiff sued Yahoo Korea for copyright infringement. The issue here was whether Yahoo Korea was liable for copyright infringing materials posted by subscribers on its website.  
(2) The Supreme Court held in favor of the defendant. According to the Supreme Court, OSPs cannot be held liable for merely allowing subscribers to post copyright infringing materials and enabling the materials to be searched on their portals. OSPs are only liable for aiding the infringement for not taking necessary measures under three conditions: (1) illegality of the copyright infringing material is clear; (2) the OSP either received a notice from the right holder or was clearly aware of the infringement; and (3) it is technically and financially possible to control the material.
Topic, claim, or defense
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Host (Including Social Networks)
Search Engine or Index
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
Strengthens Immunity