Research On The Copyright Problem That The P2P Technology Causes

Direct resource-sharing and exchange between P2P technology users, have offered a real totally equal and free network to user. P2P can be said to be the greatest revolution of WWW. with the development of broadband technology, more and more netizens download digital music and film from the website today in this way. But according to the statistics, all is pirates through the P2P system exchange work overwhelming majority. No wonder it has caused many countries, especially the enterprises of U.S.A., the government and copyright organization are extremely panic. The mankind, while enjoying enormous and convenient and good news that this technology brings, having initiated a great deal of legal questions too, it is particularly outstanding that these questions behave in the field of copyright.Therefore, must conduct the research to the existing copyright law system, achieves both maintains copyright owner's benefit, and does not hinder the technical development. Method that this text uses comparative analysis and history to analyze, combine the case , has carried on analysis , research into conflict and solution between P2P technology and legal system of copyright, and on this basis , offer the suggestion of legislating. The full text includes three major parts of preface , text , conclusion. The main content of the text part includes: Chapter one, P2P technological summary. Materials such as the concept characteristic, operation principle to P2P technology of this chapter, etc. have done the simple introduction, and how to realize the sharing of the information resources has been made a concrete analysis of the P2P technology.Chapter two, Research on the copyright problem that the P2P technique causes. This chapter is the part that a thesis puts forward the question. This share is beyond rational range by the analysis, it is a tort. However it is not realistic to investigate the masses of users' liability for tort, therefore turn to the system of indirect liability. But by the analysis of the case, the indirect liability for tort can not resolve this legal question. So it has become most urgent how to maintain the interests of copyright owner, solve the conflict between technology and law.Chapter three, Carries on the analysis and comparison to the method of solving the copyright problem that P2P software caused in foreign countries .Chapter four, this chapter is the part that a thesis solves the problem. By the analysis of the state of development to P2P of our country and the law frame existed, discover the existing copyright law system cannot solve the problem which the P2P technological development brings. Therefore, need to seek a kind of new system to adjust. On one hand through setting up and improving the copyright compensation payment system of our country, realizes the interest equilibrium of person who copyright owner , science and technology industry , consumer ; On the other hand , propose the person infringed should change the management theory , increase the way of issuing the films and television programs by network , in order to adapt to the arrival of cybertimes.