Study Of The Copyright Issues Under P2P Technology

The emergence of P2P has substantially changed the mode of information dissemination in networks. P2P file-sharing technology has become the main form of information-sharing in networks; through P2P software, individual users can realize file-sharing with others without going through the Server , and hereby network resources integration and accumulation can be achieved. For enterprises, there are many business opportunities in the field of P2P technology on the basis of development and application of a variety of business models in terms of P2P . Meanwhile the application and development of P2P technology will inevitably lead to a lot of legal problems among which infringement involving file sharing service providers and copyright holders are the most serious. Copyright legal system is facing new challenges. since 2000, P2P technology being introduced to China , on the balance between copyright protection and the public interest and technological progress, the main domestic conflicts have been increasingly exposed , which exerts an potential impact on China's copyright regime. So for the formulation and adjustment of the country's regulation on copyright, it is necessary to analyze the structure and core operating system of P2P technology, and further study and learn from other countries' practice.This paper is divided into four parts and the first part introduces the basic theory of digital works and P2P technology. At first, the paper introduces the origin, types and the operating theory of the; then analyzes the differences of all types of P2P technologies, and their connections with copyright regulations; at last states and analyzes the characteristics and the current protection level of the digital works which is the objective of contradiction between P2P technology and copyright.The second part beginning with various copyright problems, the paper analyzes the seriousness and the causes of them. In analysis of the causes, the paper states 3 resons from the perspective of copyright system, and further demonstrates deep-rooted causes that triggers the problem by economic and ethical analysis. The paper puts forward the rationality of the technology development and holds that the key solution to the relative copyright problems is to realize the balance of interests among related parties rather than to prohibit P2P's development.The three part refers and reviews two classic cases, discusses application of present copyright law in solving P2P copyright problems, and points out the dilemma and insufficiency of traditional copyright theory. Further the paper comments the two important solutions: technological approach and legal approach, concludes their shortcomings and significance in resolving P2P copyright problems of our country.The four part focuses on the measures we should take when facing such P2P copyright problems i.e. to establish a new mechanism of balanced interests under the principle of technology neutrality, enhance the level of government regulating and international cooperation, and actively improve and perfect current copyright laws. To tackle the above problems in the country , harmonize pblic interest and personal interest ,and mutually protect innovation and encourage technical progress, the author suggests to set up a new type business model which benefits each of copyright holders, P2P providers, and P2P users. In addition, the author carries out reasoning analysis and specific design for establishment of such a new business model.