Peer to Peer (P2P)

           What is P2P and direction for use

File sharing is the public or private sharing of computer data or space in a network with various levels of access privilege. File sharing allows a number of people to use the same file or file by some combination of being able to read or view it, write to or modify it, copy it, or print it.

But how to do so? We all know that the internet is visited from more than billion user who are searching for information to download. With a searching facility, we could look into the hard drives of others and find whatever we want to download of them.

         Goal and problem with P2P

An important goal in peer-to-peer networks is that the remove the difference of information. Advance of internet was brought Compression of mp3 files, so we could share files. P2P service also have some good points. Than, why it has many problems in spite of its strong point? There are several major issues surrounding file sharing. Of these, the two most are centralization and decentralization, and the piracy and anonymity users. The latter takes on added importance when the legality of some file-sharing practices is challenged by copyrights owner. The third issues is the collection and sale of data about users, using software referred to by its detractors. In addition to P2P has the problem of hacking. Representative of P2P program is Napster and Soribada. If these program received an effect of viruse,our computer will helpless. Also many company will bankrupt because of illegal download.

Example of country's situation about P2P and its cases 

(1)    Hong Kong

Case: First ever that BT user (Chan) was charged by the HKSAR government on early April 2005, and since this was the first individual is charged by uploading materials via BT system, it was caught with much highlight.

(2)    Japan

Japan has copyright law to protect copyright on internet. As a court precedent, the event occurred in November 2001 that the man who exposed business software through file-swapping software, “WinMX” without permission of owners of copyright. Right of public transmission is the right that owner of copyright has to transmit own copyright work publicly or send copyright work transmitted publicly. In the axpose case, it was regarded as an illegal act to use such software as “WinMX” and exchage illegal file on the internet without permission of owners of copyright. It is said that, in the world, only Japan and Australia officially acknowledge that swapping illegal software is illegal.

28.11.2001  Two men (Win MX user) who are university student, arrested by Kyoto local police. This is the first time to be arrested by only using soft for file exchange in the world.

26.03.2002  The judgement decide that the older man has to pay a fine (¥ 400.000) and the younger man was sended to family court.

09.04.2002  File Rouge (a kind of hybrid type of P2P) are prohibited to provide service by Tokyo local court, but this is provisional dispotition. Their service is stopped in april 16.

29.01.2003  File Rouge lawsuit decide at Tokyo local court. The operator of file rouge is MMO. Since MMO has been guilty, so MMO and its leader (Mr. Matsuda) have responsibilities to compensate for damages.

25.02.2003  Share stage (online storage service) user is arrested by the Kyoto local police. He is 31 tears old and he has illegal copies of game files (super Mario advance). He made 179 title upload. And the judgement decide by Kyoto summary court that he has to pay ¥ 300.000.

10.04.2003  Share stage user is arrested by the Kyoto local police. He was 18 years old and he exhibited his illegal files (music files).

27.11.2003  Winny users are arrested. One man was 42 years old, and the other man was 19 years old. This is the second time for users to be arrested in Japan.

17.12.2003  The Tokyo local court decided that MMO should pay about ¥ 67.000.000

10.05.2004  The developer of “Winny” is arrested. He is an assistant of a professor at Tokyo University.

30.11.2004  The judgement of Winny user lawsuit decide at Kyoto local court.

31.03.2005  An appeal hearing is decided at Tokyo high court. MMO’s appeal is rejected.

Kyoto local police has special section which deal with only internet crimes. So almost all suspected person of P2P are arrested by them.

(3)    China

China’s Copyright Law followed the world trend in the protection of author’s rights. The purpose of the law focused on protecting the copyright of authors’ literary, artistic and scientific works and the rights related to copyrighting. The rights protected can be sub-divided into two categories : personal right and property rights. China copyrights law just contains a few articles concerning the internet and has not yet had any definite provisions concerning copyrighting in cyberspace and in p2p. until now there is no case and rule about p2p network.

(4)    Korea

Case: Soribada is file exchange service through a p2p technology cause an infringement of a copyright. Because each users can exchange original works without restriction through this program. In the last, a music company accused soribada representative of an infringement of a copyright at January 2001. stoppage provisional dispotition of a disk reproduction that MIAK (Mucic Industry Association of Korea) put was taken. So court ordered that soribada’s server 3 unit should never be used.

According to a court judgement, its an infringement af a right to reproduce of music producers that users downloaded a mp3 files and keep it. Soribada has responsibility that it assisted and helped an infringement of copyright. In response, soribada’s representative file a protest against a stop-use order. And it developed alternative program like ‘soribada ver.2, soribada ver.3’ for service stoppage provisional dispotition. Meanwhile, representative ‘Yang Jung- Hwan, Il-Hwan’ brothers were prosecuted without physical restraint and demanded 1 years imprisonment because of a suspicion thai it assist an offence against the copyright law at August 2001. but in May 2003, court dismissed a public acion because it is lacking that requisite that organize a criminal act.

Also the district court declare Yang brothers not guilty in a trial on an appeal case of a criminal suit at January 12^th 2005. The judge admitted thet the brothers infrigemenr on a right to reproduce and a right of forwarding. But according to a judge, ‘because no evidences that noticed an infringement of copyright, we can not charge them criminal liability.”

But in civil suit that did at the same time, a high court of justice accepted a provisional disposition law suit. So the court judge that the server-operation should stop. Because this law suit is in soribada Ver.1, it has not effect on Ver.3 directly.

#an essay from my university era