Research On The Application Of Technology Neutrality Principle In The Judgment Of Copyright Infringement

P2P technology has brought great convenience for people's life with its efficient network data transmission rate.In recent years,this technology has been rapidly spread all over the world,and has experienced three generations of innovation and development.But at the same time,it brings convenience to people,but also because of the characteristics of "no center",the traditional copyright law is difficult to determine its copyright infringement.After nearly ten years of judicial practice,the courts of various countries have established a set of P2 P technology copyright infringement judgment system with the core of "technology neutrality" principle through the famous cases of Napster cases.P2 P streaming media technology derived from the third generation of P2 P technology,but there is a huge difference between traditional P2 P technology.In the case of copyright infringement,it is urgent to study the application of the principle of neutrality.In this paper,through the analysis of the application of technology neutrality principle in P2 P technology,combined with the technical characteristics of P2 P streaming media,the author makes a study on the application of the principle of neutrality of technology to the exemption of P2 P media streaming technology in the case of copyright infringement.This paper is divided into the following parts:In the first part,the author discusses the concept,characteristics and development process of the traditional P2 P technology and P2 P streaming media technology,and investigates the famous cases of P2 P technology.Through the analysis,it can be concluded that the judgment of copyright infringement under P2 P streaming media technology can not be blindly applied to the third generation P2 P technology to determine the criteria.In the application of the principle of technical neutrality,P2 P streaming media technology needs to establish a new system of judgment.The second part is the case analysis of the application of the technology neutrality principle in P2 P technology.Through the investigation of the Sony case,Napster case,and Grokster case,this paper analyses technology neutrality principle,"that led to substantial infringement of the key decision elements,and the third generation P2 P technology successfully applied the principle of technological neutrality exemption reason.In the third part,by summarizing the experience of the application of the technology neutrality principle of P2 P technology in the past dynasties,the author draws the conclusion that the application of the technical neutrality principle in the traditional P2 P technology;from the two aspects of subjective and objective,the paper summarizes the application of the principle of technology neutrality in P2 P streaming media technology;and discusses the situation that P2 P neutral media technology should not apply the principle of technical neutrality.The fourth part studies the "copyright law" of our country and the principle of safe haven in the twenty-second part,and analyzes the reasons for the long term existence of technical neutrality in P2 P technology.At the same time,the new trend of the development of P2 P streaming media technology is investigated,and the principle and direction of the application of the technology neutrality principle in the future are put forward.