The International Internet Right Infringement Law Suitable Issue On P2P Technology

Last October 24, Lawsuit case on illegally provided the movie program, P2P downloads whether infringes upon the right also once again becomes the focal point which the domestic field public figure argued.At the same time, The Beijing flight network music software development limited company became the defendant, because the 59 songs had not been authorized, became the inland first example to involve P2P the right infringement dispute document. From this, the international movie and the phonograph record giant in overseas raised the lawsuit flood tide in view of the P2P, quietly plunged the Chinese Internet industry.Not only our country faces with this question, the various countries especially developed countries where these networks extremely popular, this kind of on-line right infringement is in particular more rampant, The various countries are stepping up to consummate the existing legal laws and regulations, attack this kind of on-line illegal act. Our country experts establish a theory or expound on one's views in abundance in this domain, elaboration viewpoint. The supreme court also the special goalkeeper network copyright document takes the topic judicial interpretation announcement implementation in 2004. But it was the summary to the formerly case appeared, but also did not rise to the legal stratification plane, therefore hermeticness and foresightedness also awaited improvements. Many scholars all believed that, the network copyright question displays in the global scope, does not have the national boundary; The error recognized, the behavior recognized, the causal relation recognized, the responsibility recognized the difficulty surpasses the former traditional right infringement law solution.Although the scholars' viewpoints respectively have the differences, but it is the habitual method to compare the network right infringement case with the traditional theory and the principle . However the world has the interaction among reality , the hypothesis and the business dealings ,has broken the original objective world and the original country for the boundary legal balance, Whether to formulate special law standard at the network world is not ponders for a while, but should take the long termplan, is a system-engineering. The humanity existing three-dimensional space, the legal restraint also should be multi-level.International private law from the original adjustment country between legal conflict function, should play a more essential role in the network law plan, This kind of network in legal conflict, borrows by the Internet understanding way formulates is more advantageous fairly to, reasonable, the convenient operation, is easy private international law which realizes.China finally depends on the independent innovation, this year our country government has written it in the 11th 5-year-PLAN, our country will certainly to protect the intellectual property rights, the intellectual property rights series legislative work must be in the plan ahead of time, the legal science research is more advantageous to transform as the instruction law, Impetus in intellectual property rights aspect research.