On The Liability Of Copyright Infringement Of P2P Service Provider

Since the last century since the late nineties, p2p technology development and large-scale commercial application of copyright protection has brought great challenges. On the one hand p2p software can be widely used in the search and download the work has entered the public domain and rights of the voluntary dissemination of the work; the other hand, in real life, the vast number of users on the p2p search and download the software, are not Transmitted by the right owner such as movies and music.Therefore, how to identify p2p service providers Copyright Infringement Liability, in judicial practice is also no agreement.so, I chose my first p2p software, involved in the case of copyright infringement liability, the analysis of the case trying to study, to be on the service providers of p2p software, the theory of copyright infringement and the judicial practice to help !This article is divided into four parts, the first part of the case described, the second part is the focus of controversy cases. In the third part, the author analyzes the courts of first instance and second instance court judge in the case of differences arising on these differences shows that the "direct infringement " of that standard, and "contributory infringement"subjective identification of the fault. The fourth part is the conclusion of the study, the author related to p2p software, in combination with "contributory infringement"theory and the reference based on the Grokster case, ruling that the first case to recognize the "Internet Communication Behavior" objective criteria should be used to provide services do not constitute a p2p software "Network communication behavior ", followed in the second section of the p2p services constitutes a "contributory infringement" of the conditions were discussed. Again, I draw the case in the experiences, lessons learned, based on the p2p software providers on how to avoid infringing a brief analysis that p2p providers should strengthen the transmission and the correct application of the review of the contents of the "Notice to remove"rule. Finally, in the paper at the end of the existing network of copyright law on the shortcomings of a brief analysis and put forward a sound proposal.