On The Legal Problems Of Applying P2P Technology By Analyzing Flying Case

With the improvement of the performance of personal computer's hardware and the development of broadband network, the P2P technique is making rapid strides in recent years , It is widely applied in many fields , such as file-sharing , instant messaging, e-business, search engines, distributing calculation. Among these applications, the application of P2P technique in the file-sharing field causes unbalance of the social interests and complicated law problems. Several P2P infringement cases have already happened abroad .On December the nineteenth, 2006, Beijing Second Intermediate People's Court worked out the first instance decree about the case of shanghai busheng music and cultural diffusion limited company proceeding against Beijing flying net musical software development limited company and Beijing boshengfangan information and technology limited company. (We call it "flying case" in the following passage .) "Flying case" reflects that application of the P2P technique have brought about the unbalance of interests in copyright fields in our country, it invoke extensive attention of all walks of life, especially in the rapidly developing P2P businiss circles.This paper includs four chapter. The chapter one concisely introduces the P2P technology and its impacts on copyright protection. The chapter two firstly analyses the "flying case" in detail, pointing out that the system about the reasonable using copyright and the joint tort play an important role in solving the flying case and the other P2P infringement case. Then this paper analyses the application of reasonable usage of copyright to P2P software user (we call it "P2P user" in the following passage ), and summarizes the nowdays regulations of P2P practitioner secondarily infringe copyright. After analysing the P2P practitioner's common legal responsibilities ascertainment, the paper point out the deficiencies of rules in force in evading P2P copyright infingement. The regulations in force of reasonable usage copyright do not define its attitude for P2P user, and the theory of joint tort can not solve the problems about related copyright torts well. Thereby we should use the experience of other countries for reference. The third chapter introduces American copyright law detailedly, and compares American secondary infringement with our country's joint tort, points out the differences and unharmony between them. The last charpter points out the deep reason to P2P tehnology impacts on copyright is that the profit struggle among the owner of copyright—P2P practitioner—P2Puser. Finally, the paper puts forward a legislative proposal in order to balance all side's profits and counteract deficiency of rules in force.