Research On Criminal Liability Of Copyright Infringement By P2P Network Operator

With the escalating popularity of the Internet and the upgrading network technology, internet copyright infringement has become more and more rampant. Compared with traditional infringement means such as pirated CD and pirated books, the cost of violation has been greatly reduced while the damages it causes to the interests of copyright holders are worse, and the costs for copyright holders to protect the rights and for judicial departments to govern are higher. Especially in recent years, the phenomenon of P2P technology infringing internet copyright is very serious. In Sino-US intellectual property rights negotiations, the United States has repeatedly put forward specific requirements regarding this phenomenon. Its criminalization is a trend and a necessary appeal of the market economy. Although deterrent effect and control function of criminal liability is significantly stronger than civil liability, criminal proceedings are more complicated and the criminal accountable requirements are stricter than those of civil liability. In regards of P2P technology infringement, especially P2P network service providers offering direct support to P2P users'direct violation of copyright, how to investigate criminal responsibility has become the focus of academics and judicial practice departments. China's Criminal Law Article 217 defines the crime of copyright infringement, and the provision for copyright infringement incriminating behavior types and subjective elements have made it clear that it can meet the traditional means of infringing the punishment elements requirements. However, it cannot effectively meet the judicial departments'requirements for pursuing criminal responsibility of the network copyright infringement. This article starts from the principles of P2P technology, discusses the historical process of how copyright infringement uses P2P technology into the law adjustment range, and gives recommendations after comparing the current judicial status of different countries in the world.In the foreword, the author uses two cases-Zhou Zhiquan case and QvodPlay case, to lead the readers to the research theme of this paper. The main body portion is divided into four parts:In Part 1, a detailed explanation of the principle of P2P technology leads to substantive legal issues of QvodPlay case. Legal status of QvodPlay in the case leads us to understand P2P network service providers and their behaviors. P2P internet copyright infringement is one branch of refinement of the Internet copyright infringement, and this branch is refined into P2P software users and P2P network service providers copyright infringement. The object of this paper is criminal responsibility of P2P network service providers.In Part 2, by explaining the historical development of how the United States investigates tortuous liability for the behaviors of P2P network service providers provide services, the paper sets forth requirements of liability for tort when the world first investigates and affixes the responsibility for P2P network service providers to provide services. Emphasis is put on the concepts of "substantial non-infringement purpose standard", "contributory infringement", and "lure infringement"In Part 3, this article describes the status quo of how world's different countries investigate in the criminal liability of P2P network service providers'behaviors. In contrast, the status quo of China is described and obstacles of China holding criminal liability for P2P network service providers.In Part 4, after understanding the barriers of China holding criminal liability for P2P network service providers, the author makes recommendations on how to overcome the legal obstacles through the introduction of indirect principal criminal theories. The paper explains concepts such as "Indirect Criminal", "Partial Principal Crime", and "Criminal Intent Liaison".The conclusion points out the increasingly serious situation that the legislative branch and the judicial practice departments are facing, and the attitude they should hold in face of P2P network technology copyright infringement.