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The Discussion of the Copyright Issues Caused by Internet Technology

Author: LiuJing
Tutor: YuShuYi
School: Lanzhou University
Course: Legal
Keywords: P2P technology indirect infringement joint infringement copyright compensation
CLC: D923.41
Type: Master's thesis
Year: 2009
Downloads: 214
Quote: 2
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Abstract

The development of Information technology, communication technology brought rapid development to Internet. According to the statistics of China Internet Network Information Center (CNNIC): in June 2008 following the number of Chinese Internet user became the biggest in the world, China’s Internet popularity rate cached up and exceed the global average. At the same time, P2P technology has been rapid development, its application involves extensive file sharing, instant messaging, e-commerce, search engines and so on. The use of P2P file-sharing technology has caused imbalance of interests between different areas as well as the complex legal questions, many foreign countries have emerged the cases of P2P infringement.In 2006, the country’s first so-called P2P infringement case "Kuro case" (also known as the "flight case") was adjudicated by the Beijing Second Intermediate People’s Court. This Case not only reflects the use of P2P file-sharing technology has caused imbalance of interests in the area of copyright situation. At the same time, its decision also led to the concern of community, especially the legal profession as well as the rapidly developing domestic P2P industry. This article first made a detailed case analysis, pointed out the base of court decisions and problems in the current legal framework,. After a brief introduction about the evolution of P2P technology and its impact on copyright protection, as well as some typical cases of overseas. This article analyzed the duty of users and network service providers’ respectively in this case, as well as the use of civil law tort duty to the common indirect infringement liability found inadequacies and how to remedy the shortfall. Finally, this article summarized the law of indirect copyright infringement in our country and made a suggestion about copyright compensation to solve the case of an increasing number of P2P proposals.

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