Program provider industry has grown in terms of market size volume since start of cable TV in Korea. However, it is facing a serious problem in producing quality original cable programming. The low cable TV subscription fee essentially limits the program compensation to program providers at unreasonably lower level. Since the compensation from cable TV system operator is low, most of program providers heavily depend on home shopping commission fee for survival. This study analyzes the structure of program provider industry. This study indicates that horizontal and vertical integration becomes more popular in big players at both system operator and program provider level.
Das Medienrecht ist permanent der sturmischen technischen Entwicklung und dem damit verbundenen Strukturwandel des Marktes anzupassen. Die aus dem Zusammenwachsen der Telekommunikations- und Computertechnik entstehenden Multimediadienste eroffnen einerseits eine breite Palette von Moglichkeiten des Informationsaustausches, aber verursacht neue wettbewerbsrechtliche Probleme, die mit dem herkommlichen Regulierungssystem nicht uberwunden werden konnen. Diese Probleme klassifzieren sich in drei Gruppen: Regulierungsmangel, doppelte Regulierungen und ungleiche Regulierung. Das neue Regulierungssystem unter Konvergenzbedingungen, das die o.g. Probleme bewaltigen soll, ist nach der Ergebnis der vorliegenden Arbeit grundsatzlich auf zwei Prinzipien aufzubauen. Erstens sollen die Regulierungsinstrumente bzw. -intensitat nach die jeweiligen Gefahren des zu regulierenden Objektes zu orientieren. Zum zweiten soll das neue Regulierungssystem die durch Regulierungssystem entstandene Rente vermeiden bzw. abschaffen und somit Bedingungen fur den fairen Wettbewerb verschaffen.
The Internet, revolution referred to as the greatest media medium revolution since the discovery of the printing technology, discovery of typography has given birth to various legal issues in the field of intellectual property rights. Specifically, regulating the usagerelationship between copyright holders and users of their contents has recently been the focus central theme in copyright legislative regime. This article thesis places a focus on the interpretation of the rights of and their usage the relationship between copyright holders and content users in light of the recent technological developments in the copyright legislative regime relating to the music industry, and provides the author's perspective on resulting from the change of technologies in the copyright legislative system, particularly, related to the music industry, the issues that emerged from the music industry and on study of problems in view of business-people over the many years during which the author had worked with leading communications companies, Internet companies, electronic appliance manufacturers, and content providers in Korea. Also, this article thesis also reviews has studied the main issues that emerged from the Soribada case, the largest dispute in the on-line music industry, in which the author was personally involved as legal counsel to the Soribada system operator. Soribada case which was the largest issue in the field of on-line music industry and as a legal working staff on the legal execution process and the content of refutation thereof, so as to catch the core of the refutation. This article thesis is divided into three parts - (1) Part One examines the on-line music industry by looking at its characteristics and possible effects on that is, the contemplation of the on-line music industry about features of the on-line music industry and about what effects the on-line music industry causes to other content markets in the future (2) Part Two discusses various legal issues arising in that the on-line music industry raised, including those related to (i) the right to reproduction, (ii) the right of transmission, (iii) the liabilities responsibility of service providers, (iv) private use, (v) contributory infringement, aiding and abetting and (vi) technological developments of technologies and program production; and (3) Part Three provides the analysis of the Soribada case and the Bugs Music case, which are two representative the P2P case and the streaming cases, and the author's opinion on the legal issues in the on-line music industry which emerged from the aforementioned cases.
DRM은 저작권법에 의하여 보호되는 권리에 대하여 정단한 권리나 자격 없이 침해하는 행위를 방지하기 위하여 사용되는 기술적 보호조치이며, 디지털 환경에서 저작권에 대한 새로운 해석을 유도하고, 이를 지속적으로 유효하게 하기 위한 적극적인 수단이다. 본 논문에서는 DRM의 기술적인 요소에 대하여 기술하고, 디지털 컨텐츠의 합법적인 이용을 보호하는 DRM의 확산을 촉진하기 위한 기술 표준화에 대하여 논의한다. DRM의 확산을 이루어내기 위하여서는 무엇보다 DRM의 표준화에 있어서 개방형 기술을 채택하여 제품간의 상호호환성을 높이고 시장에서의 경쟁을 촉진하여야 한다. 또한 디지털 환경의 특수성을 이해하고, 이를 반영할 수 있는 법제도적인 뒷받침이 필요하다. 한편 국내 DRM 산업의 활성화를 위하여 솔루션 개발업체, 저작권자 및 관련단체, 컨텐츠사업자, 서비스 제공자 그리고 정책 담당기관의 광범위한 협조를 통하여 국내 기술표준안을 마련하고, 성공적인 사업모델에 기초하여 국제표준안을 제안하여 세계시장으로 진출할 수 있는 발판을 만들어 가야 할 것이다.
DRM기술은 직∙간접적으로 소비자의 지적 소비활동에 간섭함으로써 지적 프라이버시(intellectual privacy)를 침해한다. DRM기술에 포함된 감시기능은 소비자의 지적 소비활동을 낱낱이 감시∙체크하고 지적 소비활동에 관한 정보의 수집∙이용을 가능케 함으로써 소비자의 정보 프라이버시(Information Privacy)를 침해한다. 또한, 저작물에 대한 접근과 이용을 직접적으로 제한∙통제하는 DRM기술의 접근 차단기능 역시 사적 공간 내에서 누구의 간섭도 받지 않고 개인이 누릴 수 있는 선택의 자유와 자기결정권을 박탈함으로써 공간 프라이버시(Spatial Privacy or Territorial Privacy)를 침해한다. DRM기술은 현대사회의 원칙으로 자리잡은 프라이버시보호원칙, 공정사용원칙(the fair use doctrine), 익명사용원칙, 소비자보호원칙 등에 의해서 제한을 받는다. 프라이버시보호법은 개인정보의 수집∙이용에 대해 일정한 법적 절차에 따를것을 요구하고 있으며 특히 비밀수집은 어떤 경우에도 허용하지 않는다. 따라서 DRM기술의 감시기능은 프라이버시원칙의 직접적인 통제아래 있다. 한편, 공정사용원칙에 의한 저작물의 사용∙복제등은 저작권법이 인정한 소비자의 고유권리로써 DRM기술로도 침해해서는 안 된다. DRM기술에 의한 공정사용권의 제한은 프라이버시침해이자 동시에 권리남용에 해당한다. 라이센스계약 등을 통해서 DRM기술의 채용이나 DRM기술에 의한 개인정보의 수집∙이용에 대해 동의를 받았다고 하더라도 그것은 불공정 계약 또는 강요된 동의에 불과하기 때문에 소비자보호법상 효력이 없다. 따라서 DRM기술이 저작권자의 권리를 보호할 수 있는 합법적인 기술적 보호조치로 보호받기 위해서는 처음부터 소비자의 프라이버시를 고려해서 기획되고 설계될 것이 요구된다. 소비자의 지적 소비생활에 대한 최대한의 감시와 간섭∙제재가 아니라 소비자들의 무분별한 탈선행위를 규제하는 보조적인 역할만 수행하도록 설계되어야 한다. 동시에 그것은 소비자의 공정사용권을 충분히 보장하여야 한다. 그렇게 될 때 DRM기술은 저작권자의 이익뿐만 아니라 소비자의 프라이버시와 지적 탐구이익 더 나아가 과학∙문화의 발전∙향상이라고 하는 저작권법의 목적 달성에도 기여할 것이다.
In the digital network environment, the copyright holders are increasingly resorting to technological measures to protect their rights in their works or other subject matters, in lieu of legal protection and legal remedies with that copyright law provided. However, even though the technological protection measures are becoming highly sophisticated, all the measures could be eventually defeated by technically sophisticated users or even the ordinary users with the aids of some circumvention devices or the skilled persons. Most of the delegations, gathered in Geneva, Switzerland in December 1996, recognized this problem and lastly agreed to introduce some protection to the technological measures for protecting copyright and neighbouring rights. There are two main issues with the protection of the technological measures. One is whether the access control measures are to be the subject matter of this protection, and another is how we can maintain the exceptions and limitations to the copyright intact, though the application and legal protection of the technological measures. On this issue of the needs of access control power, there seem to be and can be lots of pros and cons. Thus it is at present not proper to say that the introduction of access right or use right is appropriate or not. And, we can say clearly that we have never decided that kind of decision yet. That kind of control power must be given through the same way that the rights, authors already have, were given to them. It is clearly not through the back door, i.e. the provision of the protection of the technological measures. Technologies hear only the voice of their master and are blind to the purpose of using the works. Even though there is no legal protection, ordinary people cannot circumvent the technological measures for legitimate exploitation of a work. Using this situation, the right holders could extend their control over the boundaries of copyright. Without appropriate measures for preserving the room for the exceptions and limitations to the copyright, the liberty of users will be choked with the application and legal protection of the technological measures. If we want to preserve delicate balance on copyright regime, we have to review the impact of the application and legal protection of the technological measures, and take a appropriate measures for preserving the room for the exceptions and limitations to the copyright. If we are negligent to do so, we would fail to get the ultimate goal of sustainable development of culture and economy.
To solve the problem of copyright violation of digital contents, it has been developing and using DRM (Digital Right Management). However, it is not only insufficient situation to satisfy all demand of market yet but also the technology demanded by various market circumstance is changing. This manuscript has shortly introduced the protection technology for digital contents and looked over the direction for development and faced subjects in DRM industry. First, it introduced fingerprinting technology which is capable of tracing illegal duplication by embedding the user's information among the contents as the supplement of DRM technology. Also, we looked over the protection of broadcast contents as an example about the adaption of existing DRM system in the situation which has been changing to digital convergence circumstance. Finally, we shortly looked over standardization of the protection technology and discussed the eventual direction of coping with the situation of industry such as the problem of interoperability between the standards.
We performed a spatially resolved spectroscopic study of the thermal composite supernova remnant 3C 391 by the Chandra observation. Broad- and narrow-band X-ray images show a southeast-northwest elongated morphology and unveil a highly clumpy structure of the remnant. The spectral analysis for. the small-scale features indicates normal metal abundance and uniform temperature for the interior gas. The properties of the hot gas are largely in agreement with the cloudlet evaporation model as a main mechanism for the 'thermal composite' X-ray appearance, though radiative rim and thermal conduction may also be effective. An unresolved X-ray source, with a power-law spectrum, is observed on the northwest border. The equivalent width images reveal a faint finger-like protrusion in Si and S lines out of the southwest radio border.
We present a theoretical formalism by which the global and the local mass functions of dark matter substructures (dark subhalos) can be analytically estimated. The global subhalo mass function is defined to give the total number density of dark subhalos in the universe as a function of mass, while the local subhalo mass function counts only those sub halos included in one individual host halo. We develop our formalism by modifying the Press-Schechter theory to incorporate the followings: (i) the internal structure of dark halos; (ii) the correlations between the halos and the subhalos; (iii) the subhalo mass-loss effect driven by the tidal forces. We find that the resulting (cumulative) subhalo mass function is close to a power law with the slope of ${\~}$ 수식 이미지 -1, that the subhalos contribute approximately 10% of the total mass, and that the tidal stripping effect changes the subhalo mass function self-similarly, all consistent with recent numerical detections.
When currently it sees from the accommodating actual condition of our country prisoner and the legal position from the medical treatment policy side very is inferior. Attitude of the existing law which relates with the namely hygienic civil official the dimension of hygiene and purity compared to will plant the prisoner generality discriminates with shame causal and it does to have, has become uniform anger living in a group discipline and the character for is stronger. That more from inside this providing is appropriate impossible it is to treat, providing with permission fact of the major general who will reach to also the case which is recognized it is visible with remnant of the authoritarianism line elder brother. Health protection of the prisoners is the fact which belongs in duty of the execution authorities guarantees the medical treatment policy which is good the improvement program for is demanded. It observes the peculiarity of correction medical treatment consequently from this dissertation and after investigating the present condition of regulation and correction medical treatment of the existing law against a report current correction medical treatment the problem point against a correction medical treatment and a improvement program and to sleep it presents it does.
Crushed peach stone shells were impregnated with H3PO4 of increasing concentrations (30-70%) followed by heat treatment at 773 K for 3 h. Produced carbons (ACs) were characterized by N2 adsorption at 77 K using the BET-equation and the α-method. High surface area microporous ACs were obtained, with enhanced internal pore volume, as function of % H3PO4. Adsorption isotherms from aqueous solution were determined for methylene blue (MB) and p-nitrophenol (PNP), as representatives for dye and phenolics pollutant molecules. Application of the Langmuir model proved the high limiting capacity towards both solute molecules, MB was uptaken in increasing amounts as function of H3PO4 concentration and generated porosity. High removal of PNP was almost the same irrespective of porosity characteristics. Competitive adsorption of H2O molecules on the hydrophilic carbon surface seems to partially reduce the available area to the PNP molecules. Application of the pseudo-second order law described well the fast adsorption (≤ 120 min) at two initial dye concentrations.
Isotopes of alkali and alkaline earth metals (AM and AEM) are the main contributors to the heat load and the radiotoxicity of spent fuel (SF) . These components are separated from the SF and dissolved in a molten LiCl in an electrolytic reduction process. A mass transfer model is developed to describe the diffusion behavior of Cs, Sr, and Ba in the SF into the molten salt. The model is an analytical solution of Fick's second law of diffusion for a cylinder which is the shape of a cathode in the electrolytic reduction process. And the model is also applied to depict the concentration profile of the oxygen ion which is produced by the electrolysis of LiO. The regressed diffusion coefficients of the model correlating the experimentally measured data are evaluated to be greater in the order of Ba, Cs, and Sr for the metal ions and the diffusion of the oxygen ion is slower than the metal ions which implies that different mechanisms govern the diffusion of the metal ions and the oxygen ions in a molten LiCl.
This paper is intended to develop a Bayesian decision model for the repair of deteriorating system. A non-homogeneous Poisson process with a power law failure intensity function is used to describe the behavior of the deteriorating repairable system. The decision on whether to have minimal repair or imperfect repair should be made on the occurrence of a failure. However, it is difficult to make a reasonable decision due to many uncertainties intrinsic in repair actions. In this paper, prior distributions are used in order to analyze the uncertainties embedded in the decision alternatives. Especially, a prior distribution for imperfect repair with probabilistic reduction in the failure intensity is proposed. In addition, mathematical expressions to calculate the expected prior loss of each repair alternative are proposed.
This research has been conducted in order to assess the effects on quality management factor of the construction sites. 30 companies abiding by the 'construction industry law' and 32 companies abiding by the 'housing construction promotion law' have been researched in areas of quality-management environment, quality-management understanding, quality-management education on construction field, quality-system and quality-improvement. This construction quality factors are to realized the anticipated results not only quality level's increasing, but also company's confidence, competitiveness. We were able to obtain participations of 62 questionnaire, and derived statistics by means of SPSS/PC version 10.0. In this study, we find the bottleneck factor for promotion and upgrade quality management factor of the construction sites and suggest a way out of difficulties.
Today, in our society, serious concern about protection from crimes and the revision of existing penal system are demanded. The necessity and significant of probation and parole, especially, as and effective alternative th the prevention of crimes and a new idea of penalty, increase. Probation and parole is the system which offers the offender opportunities th improve and educate himself/herself by having him/her committed not to a correctional institution but treatment community. This would provide the offender with opportunities for self-protection by promoting and reinforcing his/her sense of self-responsibility. It also encourages other people to take part in the process of rehabilitation. Moreover, the system is of value in the aspect of public finance, which is responsible for the offender correction expenses. In our country , probation has been applied to juveniles already from 7. 1. 1989. As to adults, it was introduced in the Criminal Law and has been applied as from 1. 1. 1997. Probation would serve as an opportunity for new understanding of penalty. Since the purpose of this dissertation is th examine the concept of probation and parole, in law related to probation and parole, realities of probation and parole, specially, probation officer, role and problem of crime prevention in local community.