On July 9th, the Suwon District Court made preliminary decision against Soribada (http://www.soribada.com), a Peer to Peer (P2P) program for MP3 file sharing, should be suspended. This is the first judgement regarding this type of case since the Korean recording industry accused the Soribada managers of infringement of copyrights last January and the prosecution indicted them last August. Though the final decision for the prosecution indictment has not been decided, we are seriously worried about this judgement.
Last year, Korean progressive groups such as Jinbonet, IPLeft and so on, announced our opposition to the indictment. The sharing of MP3 files through Soribada is a non-profit and private activity that takes place on the internet, so this exists outside the legal realm of copyright laws. In effect, to attempt to regulate and suppress MP3 file sharing is to unfairly take advantage of copyright laws. Since the internet is an open space to access and exchange information, it is necessary to copy files. If copyright laws are applied equally to the internet as in the offline world, it will infringe upon the right to access online information as well as strengthen the power of corporations. Skeptics should consider the fundamental contradiction of an outdated copyright law that does not recognize the rapid development of digital information. We need to manufacture new, democratic ways of producing and distributing knowledge and culture, and not submit to the hegemony of music companies and a profit-driven music market. We are extremely disappointed in the courts for applying a copyright law created for the offline world to the affairs of the online environment.
The judgement is very vague and too much wide. It is also unbalanced. First, the court ordered a halt to the uploading or downloading of ‘specific musics’ listed by recording companies, but this is an impossible task for Soribada managers because they must search all of its MP3 files which conform to the listed musics in order to fulfill the court’s order. In short, they will be forced to suppress its users’ exchange of MP3 files. Freedom of expression on the internet will be greatly threatened.
This decision does not concur with other recent developments in other countries where ISPs are receiving more flexibility from courts. In the case of Napster, the U.S. supreme court decided that only ‘specific names’ of MP3 files cannot be shared. Moreover, both of the Recording Industry Association of America (RIAA) and Napster are compelled to find the files which violated copyright laws.
Additionally, clause two in the judgement document says that people must not use the three servers for Soribada service or other similar type of services. This action is unreasonable because it can potentially block the sharing of legal files through the servers. No matter how users violate the copyright rights through Soribada, it is unjust to entirely block the exchange of legal files. They must not stop all file transfers on the internet just because of several illegal transactions through Soribada. Freedom of expression on the internet cannot be violated because of the partial infringement of a copyright law that protects the financial interests of corporations, not the citizens.
P2P online file exchange services like Soribada allows anyone to share information on the internet. Anyone can distribute their own creative work to people all over the world through these inventive programs. Services like Soridaba improves the quality and quantity of our cultural activities. The court is only concerned with finding the possibility of copyright infringement, not with the development of individual and cultural freedom. Capital is the main motive that drives the court’s decisions.
We are deeply worried that the judgement of Soribada will negatively effect all digital contents produced and distributed on the internet as well as service programs and websites.
We assert that Soribada must not be suspended until the final judgement of the police prosecution is made. We demand more dialogue and a new trial–for the benefit of all creators and users sharing the fruits of each other’s creations, not for the benefit of a profit-driven industry.
July 12th, 2002
IPleft
Korean Progressive Network, Jinbonet
Korean Labor Net, NodongNet
Civil Coalition for the Culture Reformation
2002-07-11
