Analysis Of The Rational Use Of P2P Software Download Behavior

As a new information transmission technology on the internet, the technology of P2 P has deeply changed the traditional means of server transmission,since then centralized servers are no longer a must for end users to exchange and share files. The ends users share information and resources through registering on the internet and downloading P2 P software. The technology of P2 P has been the main mean of commercial development in modern society. The use of downloading software based on the technology of P2 P has promoted the rapid development of economy, whereas it has brought unprocedented challenge to copyright protection at the same time, especially the technology of P2 P downloading being diffused and broadcasted does great harm to the copyright owners, meanwhile challenges the authority of the present rules of fair use.Based on the P2 P downloading technology, this thesis provides a thorough study on the P2 P downloading activity by using comparative and historical analysis, and aims to make a conclusion that whether this activity can be seen as fair using. Compared with international legal systems and judicial practices on such issues, the author fully introduces two typical P2 P downloading activities on the Internet and makes a deep analysis about it, then points out the short-comings of our legislation and proposes a solution towards the end. The thesis can be divided into three parts:The first part mainly introduces P2 P technology and the influence and impact of P2 P file-sharing on rules of fair use. This part can be divided into two modules. At the beginning of the first module, the author illustrates the reasons of setting the rules of fair use and introduces the development about it in recent years. By tracing back to the historical background and resources of this theory, the author makes a conclusion that setting the rules of fair use is necessary. In the end, the author states the present status of the development of fair use in foreign countries. The second module talks about the challenges of P2 P to the rules of fair use according to the status of the Internet economy, which includes the challenges to studying the works and the impact of the mechanism of balance of interests.The second part focuses on the judgment standard of fair use and makes a qualitive analysis on P2 P downloading activities. On the one hand, the author makes a analysis on “the three-step test” in “Berne Convention” and “the four criterions” in American Copyright Law,then illustrates the advantages and disadvantages of factors doctrine and purposism. On the other hand, the author sums up which principle can be applied to modern development and changes. In addition, the author dissects and summarizes the activities of P2 P downloading.In the last part, emphasis is given to how to cover the shortage of the rules of fair use and perfect the legislation. In the first place, the author states the necessity of reforming the rules of fair use. In the second place, on account of the defect and shortage of the rules of fair use in our country, we need to give targeted treatment to the rules of fair use. That it to say, we should keep developing and innovating the rules of fair use on the basis of insisting on protecting the technology of P2 P.