Resarch On The Copyright Tort Judgment Of P2P Service Providers

P2P technology breakthrough the limitation of the central processor of information interaction, make people can be free to share and download movies, music, and literature. On the one hand, for the average web user provides a great convenience, on the one hand, the copyright of the copyright owner of the serious damage to the interests. In copyright disputes, ordinary users and P2 P service providers is often as a joint defendant. But China’s current relevant laws and regulations in the field of network copyright protection is not perfect, difficult for tort liability of P2 P service providers.The study of network copyright infringement liability and legislation after ten years of development has gradually perfect, the copyright indirect liability system is established, can very good solution to P2 P service providers in the network copyright infringement liability decision problem. In this article, through the research in the United States on the network service provider copyright indirect liability legislation and judicial precedent, proposed consummates our country network service provider the indirect copyright infringement liability of legal advice. Full text is divided into three chapters:The first chapter, first of all, this paper introduces the concept and characteristic of P2 P technology, then expounds the network service providers play a role in the network information transmission, the network service provider main function is to provide information transmission channel and information exchange platform. Based on peer-to-peer(P2P) provider in the position and role of the network information dissemination, let the legal basis for the indirect infringement liability P2 P service providers, further analysis of the composition of the indirect infringement responsibility.The second chapter, network service providers from the United States is presented in the indirect copyright infringement liability system. In the first place in the United States copyright law was not directly stated in the concept of "indirect infringement", but in the United States copyright case gradually clear the indirect infringement liability in the form. From the earliest "Shapiro case" to establish the subrogation of tort liability, to "Gershwin" case in the help of tort liability, constituted the traditional "indirect infringement" theory in the field of copyright. Under the background of network era, after "Netcom case" will be the traditional copyright protection theory introduced the concept of indirect infringement in the network copyright protection. Under the background of the P2 P technology, through the "Napster case", "Grokster case" two classical case of infringement determination theory to explore and perfect.The third chapter, first of all, analyze our country about the network service provider copyright indirect infringement responsibility legislation present situation, points out its shortcomings, it can be seen that design of the existing system in China cannot very good solve the problem of the indirect copyright infringement liability, so we should refer to Europe and the United States and other developed countries or regions of the relevant legal system, combined with the actual situation of our country, perfect our country’s network service provider copyright indirect infringement liability system, balance the copyright owner, network service providers and network user’s interests.