The Legal Models to Solve Internet Music Pirate Problem
Date Issued
2006
Date
2006
Author(s)
Yang, Chih-Chieh
DOI
zh-TW
Abstract
MP3 appears, in addition, P2P software prevails, cause very great impact to the industry of the music. U.S.A. adjudicated the Napster case promptly in 2001, decide against composite P2P software. Then, generally it is thinked that this problem has already been solved satisfactorily. Otherwise, various kinds of scattering type P2P software out of shape appear in succession actually. Does new-type P2P software break the law?
The US Supreme Court assigns the Grokster on June 27 , 2005, new-type P2P software of the judgement will break the law equally. In Taiwan, one district court announce that ezPeer software was legal in June of 2005, but another distict court adjudicate Kuro software breaking the law in September. What course should the future of PP software follow on earth?
For solving the pirate problem, scholars propose all kinds of ideas to this topic successively. William Fisher published his book ‘Promises to Keep ' in 2004, proposeed the suggestion of the system of the compensation payment , seem to cause a new wave of discussion climaxes again.
I put these suggestion in order. Some propose adopting the proprietary way, the judgement P2P software breaks the law; Some even propose expanding copyright to protect, offering industry person is a safer legal environment; Some propose adopting the competition law way, standardizing the industry of the music with the competition law; Some suppose to take regulatory model, reviseing copyright law, in order to fit the particularity of music industry; Some propose adopting the compensation payment way, are overthrowing the copyight in an all-round way.
The purpose of this dissertation, lie in studying relevant problem and various kinds of solutions that MP3 involves, adopt the economic analytical method, study the feasibility of different models. Finally, I propose to take some compulsory licence system as the solution.
Subjects
法定授權
補償金
仲介團體
費率審議
Kuro
P2P
MP3
智慧財產權
著作權
獨立創作人
Antitrust
compulsory licensing
copyrights
independent creator
levy
music web
statutory licensing
Type
thesis
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