A Study On The Issues Concerning Indirect Copyright Infringement Of P2P Service Provider

The P2P technology is a significant innovation in internet age. It is different from the previous method of information dissemination in that it not only composes all computers in a large-scale network, but also may rewrite the current network searching features entirely in order to let the users deliver and share the documents directly. The P2P technology seems to be a sword with double blades. On one hand it is a convenient tool for making and spreading information and knowledge. On the other hand it makes the unauthorized copying and transmitting of protected information much easier. A lot of works under copyright protection have been downloaded, and this has broken the balance of interest maintained by traditional copyright law and has caused many lawsuits, especially those against P2P service providers. The copyright indirect liability of P2P service providers becomes the most controversial topic at present. This thesis has the object to analyze the issues from legal, economical and technological perspectives, and to search for the solution to the problem of indirect copyright infringement of P2P service providers. Also the thesis intends to find new measures to maintain the balance between the interest of copyrighters and that of technology innovators and consumers.This thesis is divided into four chapters:The first chapter introduces the construction and operation principle of P2P technology in detail, and then points out the difference between P2P technology and the traditional C/S network. Furthermore, it gives an introduction about the copyright infringement in P2P age.The second chapter discusses the nature of the P2P ultimate users and their conducts and then elaborates on the underling rationale for the liability of the P2P service providers for indirect copyright infringement when the P2P ultimate users infringe copyright.The third chapter compares the related legislation and judicial practice in U.S.A and in Japan and examines the different attitudes toward the liability of the P2P service providers for indirect copyright infringement in different countries. It also summarizes the approaches of other countries that may be followed by China. The fourth chapter mainly analyzes China's legal provisions on the above-mentioned area and points out the shortcomings of our present law in dealing with P2P copyright infringement. Then the author suggests that our country should set up the legal system of copyright indirect infringement. The author also examines the other measures to solve the problem of P2P copyright infringement and concludes that the new business mode is the most economic and effective way to solve the problem of P2P copyright infringement.