The Case Analysis Of P2P Service Providers On The Copyright Infringement

In the twenty-first century, computer network technology develops rapidly and becomes more popular than before, especially the rapid development of the Internet profoundly change people's production and way of life. Network possesses large amount of information, high transmission speed and strong cross-resistance. Through the network, almost all of the work, whether text or sound, static or dynamic, can be digitized or be transmitted. With the development of the transmission technology and network transmission, P2P technology can also play every client computer and server-side, which profoundly changes the Internet information transmission mode and network business model, while accelerating the speed and quality of information dissemination and achieving the users of direct sharing of computer resources and services.However, technology is like a double-edged sword. P2P technology on the one hand could prosper the creative culture and also could provide a convenient communication tool, on the other hand the interests of copyright infringement for the unauthorized copying and dissemination of behavior with to the greatly facilitate. A large number of copyrighted works have been uploaded and downloaded, breaking copyright law. In order to sustain the existing pattern of interests and form the copyright holders, P2P software, a kind of network service, provides a solution of the fierce conflict of interest between users, but also caused a great deal of litigation, especially for the P2P service providers, copyright infringement litigation. P2P network service providers, copyright infringement liability have become the most controversial issue at present. For our current legal system, the relevant provisions of P2P infringement are far from comprehensive. In view of this, I passed on the movie "Seven Swords" case of copyright infringement dispute case to study on the existing legal P2P network service provider. Under the copyright infringement liability found by referring to foreign legislation and judicial practice of successful experience, the thesis combines it with our situation on the P2P network service providers to solve infringement problems some suggestions. The thesis consists of introduction, body and conclusion of three parts, body parts include the following:The first chapter, a detailed description of the copyright dispute of the film "Seven Swords" and the existence of a focus of controversy. In the case, P2P network service providers abets on direct infringement in order to help the common nature of infringement.The second chapter introduces the P2P technology, relevant content and mode of development, and then pointed out that the P2P technology relates to existing copyright system and the formation of a shock, which makes network management more difficult for copyright. P2P network environment, copyright infringement has become the reality of the legal profession need to address the problem.The third chapter, given the film "Seven Swords" case of copyright disputes, the P2P network service provider violated the right to work, analyzing the behavior, in order to solve P2P network service providers to provide a reference for copyright infringement.The fourth chapter, facing network service providers and P2P copyright infringement, the author draws on foreign legislation and judicial practice on the basis of successful experience. The actual situation in our country puts forward ideas to resolve:the proposed introduction of foreign indirect systems and copyright infringement compensation system. After that the author recommended developing P2P software for high-tech products in the technical standards for the technology to protect copyright and to make up for lack of legal protection.