Research On Legal Issues Of Copyright Caused By P2SP Technology

As an emerging technology, P2SP is different from the P2P technology at the technical level, so legal issues of copyright caused by P2SP are also different. There is few research on P2SP technology in law circles, lacking of a multianalysis within the law. In addition, the existing research on certain issues is not comprehensive. This result in misknowledges of technical supplier's liability for tort. In this paper, it is researching on the legal problems of copyright which arising from P2SP technology. There is four parts. The first part is expounded the technical characteristics of P2SP, making clear the relationship of P2SP technique and P2SP software. The second part is doing research on legal issues arising from P2SP technology which is based on the existing research findings, especially the legal liabilities of the technical end-users and technical suppliers of P2SP. The third part, the writer references to foreign legislation and judicial practice, analysing some ways of sloving the problems about copyright in network, such as technical measures, compensations. Last, the paper wants to make some recommendations to change dilemma in technology development and copyright protection. Through the research, it is sure that the end user's download behavior is a violation of the right of reproduction, and can not invoke fair use as a defense. If P2SP software did not set functions such as "audition", "download", based on the technology neutrality, technology providers should not assume responsibility for indirect infringement and unfair competition. Also, if P2SP software dosen't set service which can access to get or use the work directly any longer, end-user's "sharing" will no longer have illegal name.