Analysis On The Indirect Infringement Caused By P2P Technology

P2P information transmission technology which enables users to transfer and share files directly between eachother marks a major progress in information and network technology.It subverts the traditional network information of information dissemination network. P2P technology is a double-edged sword ,On the one hand it enables users to transfer and share files directly between eachother, On the other hand it also brings convenience to copyright infringement which disseminate copyrighted works without the authorization of copyright.A large number of users download copyrighted works Using the P2P software ,which is seriously damaging the interests of copyright, therefore P2P technology trigger a large number of lawsuits involved copyright infringement, especially for the P2P service providers Copyright Infringement. At present ,it has become the most controversial issue for P2P service providers Copyright Infringement. The article analyze the issue of indirect infringement of copyright from the perspective of copyright public policy to seek the balance of interests between the copyright owner and technological innovation.The article is divided into four chapters discussed:The first chapter firstly introduces operating principle and development evolution of P2P technology, then by introducing the impact of P2P technology on the traditional copyright system and the problem of copyright infringement caused by P2P technology in China,point out that the Lack of the relevant legislation for indirect infringement in China the lack of the law on indirect infringement to guide Judicial practice.The second chapter introduces the establish of U.S.A indirect infringement system, and the infringement standard that United States Court formed in the U.S. judicial practicecombined. Combined with the U.S. case, the article analysis how American courts use "contributory infringement" and "vicarious liability" rule in the "Napster Case" and "Grokster Case" , and analysis the standard of identifying "contributory infringement" and "vicarious liability" in detail.The third chapter introduces the legislation and judicial status of China on indirect infringement .First, it introduces the the existing legal framework of P2P infringement, and through the analysis of domestic P2P infringement cases, Pointed out that there is inadequate in the core solution of China's current common tort liability ,compared with indirect Liability which widely used internationally.The fourth chapter made recommendations on how to perfect P2P indirect infringement.Pointed out that P2P technology is a technology, and technology itself does not have illegal sex. Copyright infringement caused by P2P technology is a new issues, relevant laws and regulations is not perfect. To solve this problem, we need to learn from foreign experience in theory and practice of success. It is a viable approach that introduce the concept of indirect infringement in copyright law to solve the existing problems caused by P2P technology .