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As IT technologies grow, digital convergence between broadcasting area and telecommunication area have an effect in our life. For example, we can enjoy movies and musics via the internet based VOD services. Moreover, IPTV service is granting us to enjoy the television contents in the manner of just like traditional TV services. This digital convergence can be existed because of internet protocol based network technologies and these technologies are making the border of broadcasting and telecommunication ambiguous. Therefore, IPTV have characteristics of IP-based networks and multimedia services at the same time. IPTV have something in common with telecommunication and also have something in common with broadcasting. However, Copyright Act makes an distinction between broadcasting and telecommunication(exactly 'communication') on the basis of simultaneousness test. Under the rule of simultaneousness test, IPTV and Web-Casting belongs to telecommunication area. And we can not apply special provisions of Copyright Act into IPTV and Web-Casting services. These special provisions for broadcasting are essential to IPTV and Web-Casting services, also. I think we can not differentiate the broadcasting and telecommunication on the basis of simultaneousness test anymore because IP technologies will make all services same in the view of simultaneousness test. Therefore we should make another test standard and I suggest the public good test to sort. It means that the focus of test should be changed from the physical infra layer to contents layer.