아이폰 탈옥(jailbreaking)과 기술적 보호조치

초록

Korea’s user environment of smart phone has changed rapidly due to the introduction of the iPhone. These changes on user environment of smart phone also brought up some copyright issues. Especially the iPhone jailbreaking issue was at the center of heated controversy for quite a long time. There are two types of Technological Protection Measures(TPM) applied to iPhone. One is “Separation of Partition” and the other is “Chain of Trust”model. A “Separation of Partition” modifies the partition setting of the UNIX. So it is difficult to say that this kind of model is TPM that protects the work(computer program). As a result it is difficult to say that the “Separation of Partition” is a TPM. However the “Chain of Trust” model prevents installation of a modified firmware so it is actually protecting a firmware which is a copyrighted work. Therefore a “Chain of Trust” model is an access control. The Korean Copyright Act does not protect the act of circumventing an access control accordingly circumventing “Chain of Trust” model is not an circumvention of technological protection measures. Korea is planning to amend it’s Copyright Act due to the effectuation of the KORUS FTA in the near future. In the KORUS FTA implementation legislation access control will be recognized as an effective TPM. But at the same time, if we adopt rulemaking system modeled on American one, circumventing these kind of models is likely to be an exception of circumventing an effective TPM.

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