Liability Of Copyright Infringement In Peer-to-peer

As the wide application of P2 P technology in internet, a tremendous change was occurred. An unprecedented impact on copyright comes together with the great convenience to the internet users' life. Our current legislation and judicial regulation on the liability of copyright infringement in the P2 P technology condition isn't complete, neither the copyright infringement of the individual users nor of the network service providers is regulated effectively. This article wants to establish a sane regulation system to regulate the liability of copyright infringement in P2 P technology condition. The author thinks that it is significant for individual users and network service providers in copyright infringement liability affirmation, and the opinion is also the main part that this paper emphatically expounds. In this paper, the second chapter gives an introduction of the P2 P technology in many aspects including its meaning, characteristics, properties and the effects on original economic pattern. The third chapter studies the copyright infringement liability in the P2 P technology condition with a comparison method. Firstly, related legislation and jurisprudence of America, Australia, Germany and Japan are researched. Then related system existing of our country is studied and deep analysis is taken in the perspective of “QVOD” case. The fourth chapter studies on the individual user's copyright infringement liability in P2 P technology condition and proposes the opinion that the enough attention should be paid to this kind of copyright infringement. The fifth chapter studies on the internet service providers' copyright infringement liability in P2 P technology condition, and this paper thinks the internet service providers is the key point of the decrease of this kind of copyright infringement is the key point of the copyright infringement decrease. Therefore the liability of internet service provider is emphatically expounded. In the sixth chapter, the conceive of liability imputation system of the copyright infringement liability in P2 P technology condition is proposed in 3 aspects that is legal regulation, government management and market regulation.