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The Study Of Countermeasures And Impact On Internet Copyright Caused By P2P File Swapping

Posted on:2008-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y C CengFull Text:PDF
GTID:2166360212481429Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Peer-to-peer file swapping has implemented the communion and intercourse among network users, and also provides a completely equal and free network for them. Along with the development of Broad Band technology, peer-to-peer file swapping has been accepted and preferred by more and more network users. On one hand, peer-to-peer file swapping helps a lot in document sharing; but on the other hand, it causes many legal problems as well, especially in copyright area. Large numbers of works which are under the protection of copyright law have been transferred and exchanged over internet based on peer-to-peer ("P2P") networks. It not only cause great damage to the profit of copyright owners, but also poses a mortal threat to the copyright law system.There must be some adjustments made to the current copyright law system to arrive at balance between maintenance of the profit of copyright owners and the development of science. This essay uses comparative analysis methods along with cases to analyze and investigate the conflict and solution between Peer-to-peer file swapping and copyright law system, and on the basis of that brings forward some legislation suggestion. The current essay divides into three parts, including forward, straight matter and conclusion. The straight matter mainly includes following content:The first chapter is the summarization of the peer-to- peer file swapping, in which the author makes an introduction about the notion, characteristic and the way of resources sharing of peer-to-peer file swapping, and also puts forward the relative problems brought by copyright tort.The second chapter focuses on the legal obligation of the users and suppliers of the peer-to-peer software. In this part the author first analyzes the character of uploading and downloading of the end user of peer-to-peer software. Then, through the analysis of "Napster" case and "Grokster" case, the author puts forward the insufficiency of the current copyright law system in running the legal obligations of thesuppliers of the peer-to-peer software.The third chapter turns to see the economics and legal ethnics analysis about the tort problems of peer-to-peer file swapping, analyzes the influence on modern society spiritual production, and affirms that the peer-to-peer file swapping has positive influence on human society development.The fourth chapter discusses the solution of the problems, compares several existing blue prints of solving peer-to-peer file swapping tort, among which emphases on the introduction of copyright compensation system.The fifth chapter is the conclusion of the essay, in which the advices of solving peer-to-peer file swapping tort in our country will be discussed. The author firstly introduces the status quo of the usage of peer-to-peer file swapping in our country, and then analyzes the sufficiency and insufficiency of legal protective frame in existing. At last the author gives the suggestion that is to set up indirect responsibility system to protect the legitimate profit of copyright owners and put copyright compensation in practice to balance the interest among copyright owners, suppliers of peer-to-peer software and users.
Keywords/Search Tags:P2P, Vicarious liability, Contributory infringement, Copyright
PDF Full Text Request
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