Study On Infringement Of P2P Technology And Legal Rules And Regulations

With the development of Internet popularization and broadband technology,more and more P2P software emerges unceasingly.The most major characteristic of P2P technique is enables between the user to be possible to share and exchange files directly,it has already became the mainstream for the users in sharing information.Through P2P software,the web customers can communicate and share information directly without servers,thus obtained the more and more web user's favor.Obviously,P2P technique has incomparable progressive in sharing the Internet resources, the widely applying of P2P software in Internet has brought the unprecedented convenience for web customers.Meanwhile the application and development of P2P technique had inevitably initiated a great deal of legal problems,among which infringement involving copyright holders are the most serious.This also is a key point which this article discusses. Because many web users exchange the copyright-protected works,for example,the songs,the movies,and the electronic books and so on,this seriously threatened the copyright holder's rights,and also have harmed the copyright holder's economic interest.At the same time,also has had the serious impact to the present copyright legal system.So for formulation and adjustment of our country's regulation on copyright,it is necessary to study and learn from other countries' related cases and the legal system.Method that this text uses comparative analysis and history to analyze,combine the case, has carried on analysis,research into conflict and solution between P2P technology and legal system of copyright,and on this basis,offer the suggestion of legislating.The full text includes three major parts of preface,text and conclusion.The main content of the text part includes:This article is divided into five parts and the first part first introduces a domestic classic case,then analysis its reality and the theory significance.The second part first introduced the P2P technology characteristic,then analyzes each kind of performance of copyright infringement problems,finally proposed that the key solution to the relative copyright problems is to realize the balance of interests among copyright holders,P2P providers and P2P users.The third part,research the copyright problem that P2P technique causes.The behavior of P2P software terminal user sharing file is beyond rational range by the analysis,it is a tort. However it is not realistic to investigate the user's liability for tort,therefore turn to the system of indirect liability.Then refers and reviews two classic cases,and discusses the application of present copyright law in solving P2P copyright problems.The fourth part mainly analysis and comparison to the method of solving the network copyright problem in foreign countries.The fifth part mainly focuses on the measures we should take when facing such P2P copyright problems i.e.to actively improve and perfect current copyright laws,establish a new mechanism of balanced interests under the principle of technology neutrality.