Research On The Conflict And Its Measures Between P2P Technology And Copyright

A new kind of network technology----the p2p technology has received people'sacceptance and affection day by day in recent years. People are used to chatting, transmitting documents to net-friends and downloading music, pictures, movies and so on through network. The realization of these functions relies on the p2p software such as QQ, Thunder, BT. The p2p technology has realized that the network users can share and exchange copyright works each other freely. Therefore, "the sharing behavior "may substitute "the purchase behavior" and then the benefit of the authors will suffer huge losses. In America, the authors sued the p2p service providers and p2p users again and again. While in China, there are two p2p infringement cases and the number of them is increasing. The p2p copyright infringement is the conflict between the technology advancement and the copyright protection. How to solve this problem so as to protect copyright and promote the development of technology is the topic of this article.The article is divided into three parts: introduction, main text and conclusion. The main text includes:The first chapter introduces the p2p technology and its impact on copyright protection and then points out the conflict between the technology advancement and the copyright protection.The second chapter analyzes the copyright infringement of p2p users and then obtains the conclusions that the behavior of downloading works with p2p infringes reproduction right and that the behavior of uploading works with p2p infringes the right of communication through information network.The third chapter analyzes the existing measures of p2p copyright infringement as well as its disadvantages and points out that we should learn from the indirect copyright infringement liability in American, which is important to perfect our copyright law.The forth chapter finds out the fundamental way to solve the problem. Because the p2p technology has broken the traditional copyright benefit balanced mechanism, we need to reconstruct the copyright benefit balanced mechanism and develop a new business model, which transfers the illegal p2p sharing into legal one to solve the problem fundamentally. In addition, the article proposes to establish indirect copyright infringement system in China.