Legal Responsibility For Violations Of The Right To Network Dissemination Of Information

As a direct development of information technology, the technology of P2P has proficiently changed the traditional means of information transmission over Internet/servers. P2P can enable the end users to share information and resources without the help of servers. The application of P2P technology in commercial use has prompted the rapid development of internet on one hand, but also poses great challenge to copyright protection on the other hand.Based on the P2P file-sharing technology, this thesis provides a case study on the infringing of the right of communication information, and aims to give a detailed analysis on its legal responsibility. The thesis can be divided into three parts: The first part probes into the influence and impact of P2P file-sharing on copyright protection, the internet information copyright protection in particular. The author firstly gives a definition and describes the features of internet information transmission, and then introduces the working mechanism, application and major types of P2P file-sharing. This part finally analyzes the current influence of P2P file-sharing on internet copyright protection.The second part focuses on the direct infringement liability of P2P software end users. It starts with the discussion on whether P2P sharing belongs to internet information transmission, and then explains how to reach a rational judgment. It points out that the principle of technology neutrality can be applied to regulate direct infringement liability.In the last part, emphasis is given to the secondary infringement liability of network and software service provider. It introduces the secondary infringement liability and the doctrine of contributory infringement applied in American judicial court when dealing with the case of Napster and Grokster. Then, it further explores China's experience in applying this doctrine and joint tort theory in judging P2P technology infringement, and concludes that balance of interest principle should be used in regulating infringement of P2P network provider.