[A2k] National Human Rights Body Recommends Abolishing Three-Strike-Out Rule

Heesob Nam hurips at gmail.com
Sat Dec 20 07:24:50 PST 2014


English translation of the report is available here.
http://library.humanrights.go.kr/hermes/imgview/14-42.pdf

This is not a full translation of Korean text. Especially, Section 4
of Chapter 2 "Right to Enjoy Information and Culture" were excerpted
ignoring context of original script to which I was an co-autore and
deleted citation without prior informing authors for unknown reason.
The translation was conducted by OpenNet Korea
(http://opennetkorea.org/en/wp/) of which I am a member.

There is no copyright notice in the publication, but you may freely
use the original and English translated report under the Korean
Copyright Act,

Best,
Heesob

On 28 March 2013 at 01:27, Heesob Nam <hurips at gmail.com> wrote:
> Sorry for the cross-posting.
>
> http://hurips.blogspot.kr/2013/03/national-human-rights-body-recommends.html
>
> Today the National Human Rights Commissionof S. Korea published a
> special report on information human rights. It is the first report
> comprehensively discussing the progress of information and
> communication technologies in terms of human rights and providing
> recommendations for the protection, promotion, and enjoyment of
> information human rights. In this report, the information human rights
> covers four different categories: rights to information privacy;
> freedom of expression online; rights to access to information; and
> rights to culture and information.
>
> Among other things, the report recommends the followings for the
> promotion of the right to culture and information:
>
> Introduction of comprehensive and open-ended fair use provisions in
> the Copyright Act;
> Legislation of users' right capable of offsetting abusive enforcement
> of copyright;
> Guaranteeing the reuse and access of the general public to
> publicly-funded information and culture;
> Balanced harmony of intellectual property and the right to culture and
> information;
>
> With the progress of ICTs, the right to culture and information gains
> the growing importance for the users to access to information and
> create and distribute new culture;
> As recommended by each Member States in the 12th ASEM Human Rights
> Seminar, IPRs and excessively stringent protection of copyright may
> jeopardize the enjoyment of human rights and impede the creativity in
> online environment and thus the public interests should be taken into
> accounts when the IPRs are to be revised or new provisions are to be
> introduced.
> The right of author is subject to the human rights aspects, IPRs
> should be protected in a balanced way that users can claim their
> rights.
>
> Regulations such as copyright three-strike-out rules, technological
> protection measures, and game shut-down, the regulatory effectiveness
> of which is doubtable and may restrict the right to culture and
> information, need to be examined in depth to see if they infringe
> other constitutional rights and, if necessary, such regulations are to
> be revoked.
>
> The 212-pages report is downloadable here and press release of the
> NHRC is here (both are in Korean and official English translation will
> be available in May).
>
> Best,
> Heesob




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