인터넷상 저작권침해와 국제재판관할권 – 유럽사법재판소 판결과 미국 워싱턴DC 연방지방법원 판결의 비교를 중심으로 –

Abstract

In Pinckney v. Mediatech (2013) and Hejduk v. Energieagentur (2015), the Court of Justice of the European Union (CJEU) has ruled that jurisdiction in copyright infringement on the Internet depends on the accessibility of website content. While the U.S. Supreme Court has not decided on the same issue, many U.S. Courts of Appeals and District Courts have ruled in cases including Triple Up v. Youku Tudou (2017) that mere accessibility of a foreign website is not a sufficient ground for jurisdiction of the U.S. courts. To be specific, jurisdiction in copyright infringement on the Internet depends on the interactivity of the foreign website or whether the website is purposefully directed toward the forum state. In comparing the different approaches adopted by the CJEU and many U.S. courts in terms of foreseeability, litigation efficiency, remedies available to the plaintiff, forum shopping, inconvenience on the international defendant, and business implications, this study concludes that the CJEU’s approach is more appropriate in the Korean context.