On P2P Networks Copyright Infringement Liability

P2P technology is a hotspot of the current international researches in the field of computer network technology and has been widely used in many Internet fields, from exchange of document resources to audio and video instant messaging, from streaming media content distribution to application in broadcasting on demand and live broadcasting, from directory searching service to collaborative computing, from exchange of information services to e-commerce services. Users benefit a lot from P2P technology, which has caused a lot of legal problems. Particularly conspicuous are problems related to copyright protection. Operator's statistics show that P2P traffic in the daytime counts 35% to 60% domestic total bandwidth, while at night it reaches 50% to 90%. According to a survey, more than 90% of the content downloaded from a variety of P2P software is pirated or illegal. Although copyright issues arising from the Internet can not been attributed to P2P alone, the popularity of P2P is indeed an "accomplice."Therefore, adjustment of the existing copyright law system is supposed to be done to balance the preservation of the interests of copyright owners and the development of science and technology. Through comparative analysis and case study, conflicts between P2P technology and copyright law are analyzed; solution and legislative proposals are put forward. The paper includes three parts: introduction, main body and conclusion. The main body includes:Chapter 1, definition of P2P networks copyright infringement. This chapter introduces the concept of P2P technology, network architecture, patterns of resource sharing and P2P's impact on copyright protection; clarifies the constitution of P2P network copyright infringement; introduces the current legal status of P2P networks copyright infringement in China.Chapterâ…¡, liability types of P2P networks copyright infringement. This chapter classifies liability types of P2P networks copyright infringement. Based on case study, shortcomings in the existing system of copyright law related to P2P technology legal issues are pointed out.Chapterâ…¢, legal perfection of P2P networks infringement liability. This chapter focuses on how to perfect P2P networks copyright infringement liability: adhering to the principle of technological neutrality, improving the rational use system and copyright compensation system, and so on.For the purpose of this text, the term "zhuzuoquan" (author's rights) is synonymous with the term "banquan" (copyright).