• DocumentCode
    2823564
  • Title

    Application of Law of Copyright Disputes of P2P File-Sharing Technology

  • Author

    Chen, Chuanfu ; Ran, Congjing ; Tang, Qiong ; Wu, Zhiqiang

  • Author_Institution
    Inf. Manage. Sch., Wuhan Univ., Wuhan
  • Volume
    2
  • fYear
    2008
  • fDate
    2-4 Sept. 2008
  • Firstpage
    232
  • Lastpage
    237
  • Abstract
    The application of law of copyright disputes of P2P file-sharing can be divided into three types: the application of substantive facts, contract facts, and infringement facts. The disputes of substantive facts are closely related to territorialism of copyright, and domestic laws are often applied to solve these disputes. The disputes of contract facts can be divided into the pure contract disputes and the copyright disputes related to contract. The pure contract disputes can be solved by the conflicts system of international private law, and copyright disputes related to contract should be solved by application of the principle of territorialism. Disputes of infringement facts can often be solved by applying the law of the place where the tort is committed, the law of the place where the court is located, the law of the place of their nationalities and domiciles, the law of original place, and the law the parities has agreed.
  • Keywords
    contract law; contracts; copyright; legislation; peer-to-peer computing; P2P file-sharing technology; conflict system; contract fact; copyright dispute; domestic law; infringement fact; international private law; pure contract dispute; substantive fact; territorialism principle; Application software; Australia; Computer networks; Forward contracts; Information management; Law; Legal factors; Protection; Qualifications; Radio access networks;
  • fLanguage
    English
  • Publisher
    ieee
  • Conference_Titel
    Networked Computing and Advanced Information Management, 2008. NCM '08. Fourth International Conference on
  • Conference_Location
    Gyeongju
  • Print_ISBN
    978-0-7695-3322-3
  • Type

    conf

  • DOI
    10.1109/NCM.2008.61
  • Filename
    4624148