Secondary Liability Of Peer-to-Peer Internet Service Providers

This dissertation explores the secondary liability of ISP in the context of P2P network. The development of Peer-to-Peer (P2P) technology has brought in new challenges to existing copyright law. The previous laws primarily focus on direct liability of unauthorised distributors of copyright works and lack concerns upon secondary liability of Internet Service Providers (ISP). P2P technology, given its dispersive structure, makes it difficult for copyright holders to draw direct infringers into court. The copyright holders turn to pursue liability and redress from ISP. Should ISP be liable for its users'infringement conduct? And if the answer is yes, in what form of liability?To answer these questions, this research is conducted via comparative and historical approaches. The comparison is made between different countries whose legislature and jurisdiction address the issue in various ways. The historical studies in such significant cases as Sony, Napster and Grokster illustrate how the theory of secondary liability concerning P2P ISP is evolved. The dissertation based upon these studies offers proposals to China's legislation and jurisdiction in terms of P2P ISP liability.The first chapter introduces the features of P2P technology, its non-infringing utilities as well as the challenges it exerts to the current framework of copyright protection. The second chapter discusses the theories of direct and secondary liability concerning P2P copyright infringement from comparative perspective. The third chapter analyses the cases concerning P2P secondary liability in the US, Australia, Netherland and Germany. The fourth chapter discusses the current situation in China and brings about proposals. The author argues that China should partially replace its Joint-Tort theory with secondary liability theory in addressing the liability of ISP. Besides, in order to balance the duty and benefit of ISP, this study believes the duty and right of ISP in should be increased simultaneously and a government agency should be set up to take the major responsibility of policing direct copyright infringement on the Internet.