Legislators Proposed Amendment to Taiwan Copyright Law For Regulating P2P Providers. Scholars Said It An Unprecedented And Unnecessary Movement.

  Legislators proposed amendment to the Copyright Law to add provisions governing P2P providers (peer to peer transmission), the legislation of which was expected to complete in this session.  However, since Kuro and Ezpeer, the two largest P2P providers, have reached a settlement with the copyright holders, namely the record companies of IFPI, the amendment tailored to regulate P2P providers becomes unnecessary.  An expert of Copyright Law even indicated that Taiwan will be the first country in the world to accomplish legislation on P2P providers if this amendment passes.

  According to Subparagraph 7, Paragraph 1 of Article 87 of this amendment, “those who provide to the public the computer program or other techniques that are able to be transmitted in public or reproduced without the economic right holder’s consent or authorization and thus gain profits shall be deemed involved in copyright infringement.”  In the US, the issue about P2P providers’ infringement is still in the stage of deliberation on the legislation.  In this regard, Taiwan’s legislation on this issue ahead of the US is open to question.

  According to Taiwan Copyright Law, it simply designates the act of torts as “infringement” without subdividing it into “direct” or “indirect” infringement.  Among the US cases, the act of providing apparatus or equipment for another’s IP infringement is regarded as “contributory infringement”, which is applicable to civil infringement cases.  Because Taiwan Copyright Law provides civil and criminal liabilities for copyright infringement, the feasibility of subsuming “contributory infringement” into civil infringement cases is open to more discussion.  In addition, it is inappropriate to introduce the concept of “contributory infringement” into criminal infringement cases since there is always a clear-cut determination of a principal offender, accessory, and an instigator in all criminal cases in Taiwan.

The provisions with respect to regulations on P2P providers are as follows:
1. Subparagraph 7, Paragraph 1 of Article 87:   anyone who without the economic right holder’s consent or authorization intends to provide to the public any other person’s works by public transmission or reproduction through Internet, or provides to the public the computer program or other techniques that are able to be transmitted in public or reproduced and thus gain profits shall be deemed copyright infringer.
2. Paragraph 2, Article 87:   anyone who instigates and incites the public to exploit computer program or other techniques to infringe upon any other person’s economic rights shall be deemed as intended copyright infringement.
3. Article 97:   anyone who impacts an economic right holder’s rights by public transmission in an extent that is believed to be substantial by the competent authority shall be ordered to cease or suspend business as the severest punishment.  (2006.10)

/CCS