[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.

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,


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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