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The Research About Indirect Infringement Of The P2P Internet Service Providers

Posted on:2010-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ZhangFull Text:PDF
GTID:2166360275981776Subject:Law
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The wide application of P2P technology, prompted by the development of the Internet and broadband, has profoundly changed the Internet's communication model when communicating information recourses,which genuinely achieved the reciprocal file-sharing and exchange between users. After over ten years of development, about the P2P Internet service providers'indirect infringement, the foreign countries, particularly the United States and European Union, have done systematic research and formed relatively perfect legislation and management mechanisms. While presently our law circle has researched much less in this area. Along with P2P's unceasing development and wide application, the copyright owners'legitimate rights have been infringed upon increasingly, which requires us to take the P2P service providers'indirect infringement into law process and construct the responsibility system for indirect infringement that suits the situation of our country. We should improve the system in three aspects, technology, economic compensation and legislation. From the legislation perspective, we should establish the responsibility system for indirect infringement, defining the constitutive elements, principles of culpability, and types of the P2P Internet service providers'indirect infringement. As for this, we can consult the legal regulations of other countries such as the United States. First of all, we should define the Standard of indirect infringement. Second, we should define the different types and the responsibility. At last, we should establish the principle of culpability for faults and the ways of Bearing Liability. From the technical perspective, the copyright owners should resort to self-relief manners, mainly including the encryption of works. The copyright compensation is a measure which P2P internet service providers pay compensation to copyright owners in order to achieve a balance between P2P Internet service providers and the copyright owners.
Keywords/Search Tags:Internet service providers, Indirect infringement, Measure
PDF Full Text Request
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