| P2P technology is a double-edged sword, on one hand it makes sharing others'intellectual creation convenient for internet users, on the other hand copyright owners'profits are wantonly trampled. Conventional copyright infringement is restricted by technology, which can't badly impair profits of copyright owners. With the development of Internet, especially P2P technology greatly improves the speed of file transmission, copyright owners will face to serious infringement if the P2P technology is used to pirate. P2P file sharing software has become a tool for internet users to pirate in fact. Accusations of copyright infringement against Internet Service Providers emerge in endlessly in America, even accusations against internet end-users have appeared. When P2P file sharing software is in common use all over the world, copyright infringement of end-users becomes possible. How many parties are impairing profits of copyright owners? How do copyright owners protect their profits? These are critical questions discussed in this paper. The parties infringing copyrights through P2P technology could be divided into two catalogs in accordance with the principle of P2P technology: end-users of P2P software and Internet Service Provider. This paper mainly analyzes tort activity of these parties through comparing relevant laws and classical cases of foreign countries. Following parts are about primary coverage of paper's five chapters:Chapter 1 is the general introduction to P2P technology. Analysis of copyright infringement through P2P technology should base on the knowledge of it, so this paper begins with research on conception, catalog and principle of P2P technology in depth. P2P technology experiences long term development, so current hybrid P2P has evolved from initial centralized P2P and succedent distributed P2P. This paper briefly introduces main traits of every kind of P2P technology, and explains its working procedure taking the example of BT software. Interrelated infringing party through P2P technology could be drawn by the analysis. Then it introduces the impacts of P2P technology development against profits of copyright owners. All adverse conditions make this paper necessary, and provide foundation to the writer's research.Chapter 2 introduces the constitution of internet copyright infringement. At first, this paper introduces the constitutive requirements of internet copyright infringement. Because of the particularity of copyright infringement, its constitutive requirements are relatively simple. Then the paper systematically introduces three liability principles of internet copyright infringement. In the end, the paper defines two kinds of copyright infringement acts: direct infringement and indirect infringement. Indirect infringement consists of contributory infringement and vicarious infringement, this paper still analyses constitutive requirements of them. Chapter 2 builds theory foundation for the following analysis of infringing parties.Chapter 3 analyses copyright infringement act of the P2P software end-users. The analysis is very important, because if the upload and download of end-users through P2P software can't be proved to be infringement, investigating Internet Service Providers'liability will not come true. This paper researches on the upload and download of end-users respectively. Upload and Download are two kinds of P2P software end-users'act, since upload obviously shows up intent to infringe copyright, analysis of download become focal point of this chapter, the conclusion is that download is not fair use of work. As a result, end-users'upload and download on internet all infringe copyright owner's profits, although different kinds of copyright are infringed because of the particularity of P2P technology. In the end, this chapter introduces relevant foreign laws about fair use of work on internet, which provides suggestions for Chinese relevant laws'perfection.Chapter 4 discusses Internet Service Providers'liability to infringe copyright. As P2P end-users can't be confirmed, and can't afford compensation, when their profits are infringed copyright owners generally indict Internet Service Providers who have strong economic power. The chapter begins with definition of Internet Service Provider, then analyses relevant laws of other countries and three American classical cases, finally ascertain the nomological foundation of Internet Service Provider's legal liability. Compared with Chinese common infringement for defining Internet Service Provider's copyright infringement liability, foreign indirect infringement is more appropriate and worth to be reference. This paper provides some suggestions to perfect Chinese laws referring to Internet Service Provider.Chapter 5 provides some ideas for perfecting copyright protection under P2P technology. At first, this paper makes copyright compensation pattern definite and conceive building system of copyright compensation through using the laws of other countries for reference. Then briefly introduces digital right management. However All measures mentioned in this paper are not perfect. Because of the particularity of P2P technology, the profits of copyright owners are caused considerable impact without good protection by current laws, technology neutrality should not be used to hold a candle to the devil, China ought to mirror foreign experience, restrict the P2P file sharing software and give correct guidance to P2P technology.
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