P2P Technology Initiation Copyright Right Infringement Question International Law Research

The network development broke through the traditional information propagation mode,relies on information sharing platform which the P2P technology provides,the people may the easy gain each kind of information resource.Each kind of network media relies on its propagation velocity to be quick,the scope is broad,the influence major characteristic,was already accepted by the user community with the widespread application,and at the beginning of mainstream media influence.But,in the P2P technology shares the massive documents not the copyright work which is authorized after the copyright person,this has touched the copyright person and the copyright industry business benefit,has caused between the P2P technology and the copyright protection contradiction.The copyright law is along with the technical development.Facing the P2P networking to the copyright the impact,the International organization and various countries positively is revising the laws,the technical development gives the reasonable standard to the network environment under."Berne Convention for the Protection of Literary and Artistic Works","Universal Copyright Convention","World Intellectual Property Organization Copyright Treaty,WCT","WIPO Performance and Phonograms Treaty,WPPT" as well as America's "Digital Millennium Copyright Act" under the network environment defined the copyright owner's right of reproduction,dissemination of information network the right of rights,under the network environment for the protection of the legitimate interests of copyright owners to provide a guarantee.But, considered from the P2P technological development's angle,we cannot have the manner which constantly to the new technology strangles.In the legislative process should consider that seeks the new copyright protected mode in the network environment, argues vigorously achieves the copyright person,the P2P technology and the public interest three between benefit balance,maintains legislative the objective.This article goal is needs to study the P2P technology initiation the copyright right infringement question.The article uses methods and so on historical materialism and dialectical materialism carries on the analysis to the P2P technology initiation copyright right infringement question.In the paper first elaborated the P2P technology initiation copyright right infringement question manifestation and to the copyright protection impact,Next has analyzed the P2P technology initiation copyright right infringement responsibility,and proposed is suitable and carries on the legal investigation to abuse of authority's law the way,Finally elaborated our country P2P technology initiation's copyright right infringement question protection legislation's present situation and the insufficiency,and proposed consummates the suggestion.In the article through to the P2P right infringement responsibility's analysis,may let between we more direct-viewing feeling P2P technology and the copyright person's benefit dispute,can also realize the related law imperfect and the lottery ticket,in the law enforcement process difficulty.Undergoes development in recent years,is consummating unceasingly in view of the P2P technology initiation's copyright right infringement question's legislation,the legal relief system gradually is also forming,also unceasingly enriches about the reasonable use and the technical measure protection's stipulation in the copyright protection legislation.The law becomes the copyright person to maintain the copyright at the same time the powerful weapon,on the other hand also considered public's benefit,has manifested the law,in the cyberspace maintains the disseminator and between the social public the benefit balanced legislation objective.In addition,P2P the technical operator also in through the purchase copyright,strengthens ways and so on surveillance to seek the legitimate operation pattern,adjusts and between the copyright person's contradiction by this.Therefore,along with legal regime's consummation and the P2P technical service pattern's legalization,between the technological development and the copyright person's contradiction will also obtain relaxes.