The Liability For Infringement Of The Abuse Of BT Technology

P2P technology has proudly changed the way of information transmission in network, which enables individual users to carry out large-scale direct information exchange. After the birth of BT of the third P2P technologies , it is widely rapidly used worldwide. But now this application is built on the basis of copyright infringement, is the abuse of BT technology.Through the analysis of the Pirate Bay Case and the case of Chan Naiming of Hong Kong with the operational principle of BT technology and the legal basis of solving the abuse of P2P technology, this paper concludes that BT technical abuse of copyright infringement mainly involves three types of subject of infringement . The first type is the publisher of BT seeds, the second is terminal users of BT software. These two types constitute the direct infringement of copyright. The third type is the suppliers of the BT network service who mainly constitute the indirect infringement of copyright. In response of the issue of the abuse of BT technology infringement, this paper is a preliminary study on the compensation system of copyright, the management of digital rights and the operating model in three aspects of law, technology and market.Compensation system is a blank area of law in China.Through the study of the birth and development of the compensation in Germany, this paper concludes that we, in China, are not fully provided with the conditions to establish the compensation system but we shouldn't overlook the compensation system. China should take a positive and cautious attitude towards the compensation system.Digital right is a technical tool, used to protect rights, to control use and to manage, pre-set in digital products. To some extent, the use of technical means can curb piracy and illegal use in order to protect the profits that authors, publishers and vendors gain in the market of selling digital products and protect the legal rights of users. Most states generally accept the digital right management technology in their legislations, but it doesn't mean that the digital right management technology is the way to break away from the dilemma of digital copyright management. Digital technology management is not able to stop the hacker's attack and there is a contradiction between the technical measure of protection and the rational use. In order to balance the interest, the Copyright Law needs not only the digital management but also the exception to elude the management of digital technology. The Rules of Information Network of China exhaustively list the exceptions of the act to elude in article 12. This paper's opinion is that the Copyright Law should stipulate clearly the exceptions of the act to elude in order to improve the management of digital rights and it should not adopt the exhaustive listing.Either legal or technical measures, must be tested in market. The profit of the copyright owner must also be achieved in market. The market's response should be an innovating business model. BT Entertainment Network and Apple's iPod player plus iTunes Music Store developed jointly by Hollywood and BT Corporation are all successful examples of online market. But this kind sharing model of copyright works authorized face some challenges. There are still questions about the final validity. Domestic BT websites are too refined and mostly personal websites. Most of influential websites are for music and video and their profitable ways are similar. Now most of BT Websites have been shut down for rectification because of the system of license. It seems that BT websites have a fat chance to re-operate. This paper's view is that the operation, between the copyright owners and the BT websites, cannot be achieved in a short term and other financially strong P2P sites of being licensed should be able to cooperate with copyright owners, to develop a new business model.