On The Indirect Liability Of Copyright Infringement Of P2P Service Providers

The P2P technology's appearance makes the reproduction and dissemination of copyright works become more simple and quick. Face up to this new type of digital transmission technology, the traditional copyright system which is center around copyright is appeared to be inadequate. Up to now, our Copyright Law has already stipulate a series of new rights, such as the right to network dissemination of information, the right of technical measures and the right of information management, etc, then create a new system of information network copyright protection. But the Concept of these creations is till the traditional systems, of which the direct tort liability, the common tort liability is main form of liability, and these creations can not solve the problem of P2P copyright infringement. Therefore, we should introduce the system of the indirect liability of copyright Infringement into our copyright law. and establish a workable mechanism for copyright protection. Then, we can well balanced benefits of social public, copyright owners and P2P network service providers, and promote the development of economical and cultural undertakings.This essay adopts the methods of document research, value analysis, empirical analysis and Comparative Analysis to study the theories of indirect liability of copyright. On the base of these theory studies and advanced experience abroad, the author put forward some solutions to the problem of copyright infringement of P2P service providers. This essay is divided into five parts, the main contents are as follows:The first part is on an overview of the indirect copyright infringement of P2P service providers. This part mainly involves in the Introduction of some concepts and basic theories. The main points are as follows:the concept, operation mode and development stages of P2P technology;Definition on the denotation and connotation of P2P service providers; And the Theoretical Analysis of indirect liability of copyright infringement. The study of this part is to reach a basis for the research behind.The second part is on the legitimacy of imputing to the P2P service providers. This section focuses on the impact of P2P network technology on the traditional copyright system, and combines with jurisprudence, civil tort theory and indirect infringement theory. Then the author can draw a conclusion:It is reasonable and lawful to imputing to the P2P service providers. This section is fundamental argument of the full text.The third part is on the present application of the indirect liability of copyright infringement in our country. This section comprehensively analyzes the relevant legal systems of indirect infringement, and draws out some main defects of these systems. Finally, the author also introduces three typical cases in China and summarizes the existing problems of judicial practice. Through this comprehensive analysis, the author sums up the shortcomings, in order to provide the basis for proposing countermeasures.The fourth part is on the indirect liability of Copyright Infringement abroad. The related legal systems are more developed in Anglo-American law system, most of which adopted common law. On this account, the author mainly introduce three American cases (Sony case. Grokster case and Napster case), and then use the experience of other countries for reference.The fifth part is on the solution to the problems of Copyright Infringement of P2P Service Providers. This section is the emphasis, but also the key of indirect infringement issues. The author proposes that we must implement three basic principles through out the whole solution process. They are the principle of technological neutrality, the principle of interests balance and the principle of freedom protection of public information dissemination. Another Key Problem is the definition about constitution of indirect liability of service providers. They are:1) the existence of a direct infringement; 2) the actor's subjective faults; 3) direct infringement is implemented under the effects of "substantial assistance" or "lure". In addition, the reality of the conditions in China only into indirect infringement system is far from enough, it should be combined with the copyright collective management system, copyright levy for system and some technological measures. In all these ways, we can finally balance the benefits of social public, copyright owners and P2P network service providers, and promote the all-round development of economic and society.