The Law Applicable to P2P Networks on National and International Bases for Violating Intellectual Property Rights

The Law Applicable to P2P Networks on National and International Bases for Violating Intellectual Property Rights

Ziad Kh. Al-Enizi, Muawya Naser
Copyright: © 2022 |Pages: 10
DOI: 10.4018/IJCWT.311419
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Abstract

To provide a path to the copyright holders for filing a lawsuit against the infringers and violators through a legitimate process and applying the law that applies to that particular situation that keeps a balance between the peer-to-peer network technology and copyright holders this research has presented four different law strategies that can reduce the violation of the rights of the intellectual properties on national and international bases and advance the P2P network file-sharing procedure. The authors include the incorporation of the proper law for any illegal activity regarding copyrights via peer-to-peer networks on national and international bases with modification in the security system of file-sharing. It caters to the filing of the case for the violation of any copywritten works regardless of where the cases have happened, and the law should be standard for all the intellectual properties and is acceptable by other countries as well.
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1. Introduction

P2P (peer-to-peer) networks are a systematic networking process that operates as a distributed architecture. This network helps all the systems and devices that have P2P technology as peers, accountable for both the client and server duties. These devices share files via P2P networks and have no central administrator; these systems are their administrator with the same rights and duties. There is no central server involved in operating them. However, the most important usage of P2P network is file sharing via BitTorrent or other P2P software. Some data can be downloaded from another system having P2P software without requiring any prior permission from the other system if the system is in working position and it is easy to access the system with a new peer without any central configuration. The system can automatically download a file from different locations simultaneously (Schollmeier 2001). However, the negative aspect of the P2P network is the security of the file. P2P lacks secure file sharing, even if one is willing to share the file but only with the trusted people (Kretthika et al. 2017). The scope of information technologies used in the intellectual property rights field has increased. Intellectual property (IP), like any scientific discovery or innovation, is a result of scientific research and activities. Furthermore, these works need to be protected from any infringement. Since the development of information technology, many copyrighted works are based only in a virtual environment, namely websites, databases, and clouds. Moreover, in the digital age, it has become important to maintain a decent view of copyrighted material through P2P file sharing technology. The use and promotion of copyrighted work must be with the consent of the copyright holder (Schollmeier 2001).

The main research objectives are as follows:

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    considering ways for the intellectual property owner to file a lawsuit against the violation of their intellectual property rights;

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    considering ways to improve P2P networks in a digital world;

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    analyzing the working process of P2P networks.

An ecosystem should be developed for sustainable innovations, and legal framework should be developed to tackle the violation of intellectual properties (Jain et al. 2014; Piatek et al. 2008). The legal framework is important for catching infringers of copyrighted works (Law Teacher 2020).

Legal development for the protection of copyrighted works on an international level is in progress after the rise in infringing cases that have increased because of the advanced technology. International law operates under two subdomains: protection under public international law and private international law. However, at the regional level, law enforcement is still under development because of the political and economic differences (Mollah 2015; Verma 2004).

It can be difficult to find the person responsible for infringement of intellectual property rights, especially since P2P uploads and downloads can exceed millions of times and take place between a huge number of users located in different countries. In addition, it is well known that laws protecting intellectual property rights vary from country to country. Determining who is responsible, as well as the law that a court may apply to a claim, is considered on two levels. Herewith it should be understood that not all infringements are considered as criminal law violation. In the digital age with advanced information technology, not all infringements fall under criminal law because some people do not download files to violate someone's rights. It would be an infringement if someone downloaded the file and then used it in their project without copyright permission for example Capitol Records, LLC v. ReDigi Inc., No. 16-2321 (2d Cir. 2018)and EMI Christian Music Group, Inc. v. MP3tunes, LLC, No. 14-4369 (2d Cir. 2016). The criminal law should be updated according to the seriousness of the infringement by the third party (Min 2019).

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