Mon Jan 19 21:31:31 UTC 2009
1.the term "telecommunications business operator" means a person who
provides telecommunications service with holding the relevant license
or making a registration or report under this Act"
(1) The provisions of Articles 22 through 32 shall apply mutatis
mutandis where any person prescribed by the Presidential Decree, from
among other persons than the information and communications service
provider, who provides goods or services, collects, utilizes or
provides the personal information of customers of his/her goods or
services. In this case, the "information and communications service
provider" and the "information and communications service providers,
etc." shall be deemed the "providers of goods or services," and the
"user" shall be deemed the "customer of goods or services," respectively.
So I guess the question is then, whether Wikimedia is prescribed by
the Presidential Decree. Google would qualify under the definition in
article 2, since they are for-profit. We would need to come under
article 58 if we were to be subject to this legislation.
In any case, there are the usual difficulties of international
jurisdiction, as amply demonstrated by the court cases against us in
Germany. Unlike Google, Wikimedia would have the option of ignoring
any decision by the Korean courts. But the government could easily
retaliate by DNS poisoning if it came to that.
-- Tim Starling
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