A Study On Infringement Of P2P Technology Applications In The Net

In recent years, P2P technology is the main technology for transmission of audio, video files in the net. Internet users can download the technology and research resources based on the software, the use of this software, a large number of files can be shared in a short time exchange, in addition to pay the costs of broadband traffic, the need to pay the costs of the use of works, which makes the file transfer in the network became very cheap and simple, widely welcomed by the people. However, everything has its positive and negative sides, P2P software is no exception, a large number of file transfer for free to the general users in the benefits and convenience but also to the rights of copyright works have caused great economic losses, reducing human rights frequent loss of P2P software, network service providers'proceedings. Within the major colleges and universities, BBS, BT is broad so that a typical microcosm of the problem. Under such circumstances, the technology and the resulting need to study the issue of infringement.This article is divided into three parts, introduction, body and conclusion. Body is divided into five parts.The first chapter introduces the technical principle of P2P software and development characteristics of classified, for the following analysis of different types of P2P software in the network laid the foundation of infringement. Chapter 2, users of the P2P software, analyzes the behavior of upload and downloads both the legal nature and whether this is fair use.The third chapter, starting from the network service provider first introduced the basic theory of indirect infringement, second to different types of Internet service providers whether action shall bear responsibility and indirect infringement cases according to the forms are analyzed, in the analytical process, combined with help tort, replacing the tort, induce infringement cases of the components of the disputed point to do a detailed discussion.The fourth chapter of the indirect copyright infringement in China on the existing laws and judicial practice are analyzed, and pointed out the indirect copyright infringement in about in legislation and judicial practice insufficiency.The fifth chapter is analyzed in this article based on the system of indirect infringement, to deal with piracy P2P technology proposed, including the technical level of industry technical standards, legislative level, as well as the perfect law system of compensation for the economic level introduction of copyright.