A Study on the Peer to Peer Service Providers' Liability for Copyright Infringement
Date Issued
2011
Date
2011
Author(s)
Chen, Jian-Shiun
Abstract
Abstract
With the developing of technology and the Web 2.0 era, intellectual works has been abused widely, which also creates numerous infringement behaviors. Refer to both domestic and oversea judgments about internet copyright infringements, the Peer-to-Peer(P2P) file transformation appears to be the main infringement cause.
After Tainan District Prosecutors Office conducted investigated in the campus of National Cheng Kung University in 2001, people started to pay attention on internet copyrights. According to the survey done by RIT and Intellectual Property Rights Police Team, it seems that the situation of internet copyright infringements is getting worse.
Noticing the situation of infringements, copyright owners all over the world have gradually taken proceedings against internet service providers. However, internet service providers are not really engaged in infringements. Therefore, It remains an open question about the responsibilities of internet service providers on infringements. The Digital Millenium Copyright Act passed in America in 1998 aimed exactly on preventing this sort of problems about infringements and providing the safe harbor provision for qualified internet service providers to claim their liability disclaimer and assist copyright owners in preventing infringements.
Refer to the Digital Millenium Copyright Act passed in America and domestic court judgments, domestic copyright laws finally added the P2P provision and the “Copyright Law ISP Industry Exemption Revision” for dealing with the infringement and responsibility problems about internet service providers.
Should P2P service providers be responsible for user behavior infringements?
What responsibility do P2P service providers take according to domestic and American laws? Can they apply the liability disclaimer of domestic internet service providers to avoid guilt? The judgments on ezpeer and kuro provide two different versions about infringements. It seems that the related problems are necessary to solve. This study aims to compare domestic and American laws on the related rules about P2P service providers.
In the study we presented the introduction about responsibilities of copyright infringements in American, the typical cases about domestic and American copyright infringements, and the differences and similarities between domestic and American provisions on P2P service providers. We further analyzed the legislation about the “Copyright Law ISP Industry Exemption Revision” on both sides. The purpose of this study is to clarify the related responsibilities of P2P service providers and provide some suggestions for revising domestic copyright laws.
Subjects
ISP
P2P
DMCA
Safe Harbor
Copyright Law ISP Industry Exemption Revision
Type
thesis
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