Legal Problem and Countermeasure of Peer-to-Peer Networks

Abstract

In recent years, peer-to-peer (P2P) networks are perhaps the most innovative new information space to emerge on the Internet, which breaks down the dominant information distribution paradigm, the client-server model of the Web. Setting out from the characteristics of P2P technology, this paper first inquires into the copyright problems caused by P2P technology and takes BT as an example to analyze P2P legal Liability concerned. Then in the angle of economics, society and law, this thesis interprets the conflicts between P2P technology and copyright. From the economic aspect, the essence of conflicts is a war of interests. From the social aspect, the essence of conflicts is the technology existing as a sword with double blades. From the legal aspect, the essence of conflicts is the contradiction between advanced technology and laggard law. Finally, this article puts forward some suggestions and countermeasures on the applications of P2P, which are to make use of technical protection measures and to perfect copyright law system and to explore and establish a new cooperative module actively.