A Research On Tort Recognizing Question In P2P Technology Application

The P2P technology appearance has profoundly changed the network information transmission pattern. Documents-sharing,on the basis of the P2P technology,has become the key mode of the network sharing-information now. Due to the use of the P2P software, not only resources-sharing can be realized among individual users without servers, but also the network resources will be accumulated and conformed. To the enterprises, the P2P technology means lots of opportunities and many kinds of commercial models have been developed and used. While its application and development has inevitably resulted in many legal matters,in which the question of the service providers and the users' infringement of the documents-sharing software copyright is especially outstanding,the copyright legal regime is facing some new challenges. The P2P technology began to appear in China in 2000.From then on the contradictions of Chinese correlative main bodies have also been day by day exposing with the balance of copyright protection, the public interests and, sci-technological progress, and our country's copyright system has been impacted latently.The P2P software users must undertake the copyright infringement responsibility on condition that they,using the P2P technology, are not authorized by copyright persons to be engaged in duplication, release,and information network dissemination so on.However,it is very difficult to investigate the P2P software users' copyright infringement and for copyright persons to obtain the full relief. In this case,the copyright persons have to ask the P2P software and network service providers to undertake the right infringement responsibility for the software users 'direct copyright abuse. So it is extremely necessary to investigate the related main bodies' right infringement for their functions and subjective mistakes and they should undertake the responsibility. The so-called responsibility is both different from direct & joint right infringement in essence and related to it a little as far as the traditional right infringement law is concerned. Thus the related main bodies only can constitute the indirect copyright right infringement.Moreover,the P2P technology is a neutral one,so the influence on the technological development must be considered when right infringement responsibility investagated.Therefore,every effort must be made to balance copyright protection and the technological development when copyright law solves the P2P indirect right infringement problem, which is the first factor to consider as China introduces the P2P indirect right infringement system.In our country copyright law has not the concept of the P2P right infringement or complete recognizing rules, and some related right infringement stipulations only exist fragmentarily in the correlative judicial interpretations and stipulations. So it is far from a true theory. Our country's General Provisions of the Civil Law has the joint right infringement stipulations,but this can not solve the P2P indirect right infringement problems by far. The decisive reasons and legal bases of the first P2P right infringement case—the KuroCase just show copyright law has legislative insufficiencies involved with the P2Pright infringement. US and Australia have already formed a complete theory of indirect copyright right infringement in the long-term judicial practice,so the legal rules they established when the P2P right infringement problems solved are well worth refering. It is very essential for our country to formulate and adjust copyright legal regime when our country faces the same situation.