Application of Law of Copyright Disputes of P2P File-Sharing Technology
2008
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.
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