From Mutual Exclusiveness to Cooperation:Solution to Copyright Dilemma under Peer-to-Peer Network Environment
Yang Li · Dalian Ligong Daxue xuebao · 2013
With the development of P2Ptechnology, traditional theories and rules of copyright law are confronted with insurmountable obstacles, which are generated by the structure of communication technology itself.In the practice and legislative regulation level, the developed countries and regions, such as EU and US, showed changing of paying more attention to personal users than for-profit-middlemen as the infringer of copyright. However, copyright relations based on common is prior to existence ,t herefore, when we consider the value basis of copyright,t he partnership between participants is the foundation of benefit distributions.The integrated use of compulsory license , voluntary collective licensing a nd volume licensing mechanism with the exclusive rights is necessary.In this way, the dilemma of copyright under P2Pnetwork environment will be changed from insurmountable structural obstacles into win-win partnership.