Study On Issues Concerning Copyright Infringement Of P2p Technology-applying

With the coming of Internet time, various kinds of new technology which connected with network has emerged continuously. Enabling the Internet clients to share files person-to-person, the technology of P2P is proficiently changing the way of information transmission overInternet in the recent years. It rapidly becomes the hot topic of discussion in the computer area, the telecommunication are and the law area. It is widely applied in many fields, such as file-sharing, instant messaging, e-business, search engines, distributing calculation. Among these applications, the application of P2P technique in the file—sharing field causes unbalance of the social interests and complicated law problems. Several P2P infringement cases have already happened. It is well known that users often use the downloading softsare to gain resources through the internet. According to this kind of needs,the downloading software industry based on p2p is developing rapidly, which may bring some serious problems in copyright infringement. The lawsuit flood tide already approached about p2p technical copyright infringement question, How to solve this problem to become a worldwide basis difficult problem. In China Internet technology started late and the related legal system construction for copyright protection falls behind the development of social economy as well as science & technology. As a result, the amount of cases caused by copyright infringement in Internet has kept increasing recently, which has brought great losses to owners.This thesis analyzes the first case of p2p right infringement in China to find that the legal system in China cannot protect the copyright owner's benefits appropriately. And it is obviously insufficient to define the infringement of network services providers through the law in China at present. Therefore we should use the experience of other countries for reference, and focuses on the measure we should take when facing such P2P copyright problems.The current essay divides three parts, including forward, straight matter and conclusion. This thesis is divided into four titles, the first title is the brief introduction of P2P file-sharing technology, in which the author makes an introduction of the concept,principles and classifications of p2p,introduces the legal problems caused by p2p in file-sharing area, which is of p2p terminal user and p2p internet services providers; The second chapter analysises right infringement fact and the law related about our country first example p2p copyright infingement;the paper point out the deficiencies of rules in force in evading P2P copyright infingement. The theory of joint tort can not solve the problems about related copyright torts well. Thereby we should use the experience of other countries for reference.;The third chapter introduces American copyright law detailedly,and it is to our country's enlightenment;The fourth title is the copyright infringement statusand improving suggestions, in which the author introduces the development of P2P technology in China and the present situation of copyright infringement, and accordingly gives suggestions to improve our system of copyright law.