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Modern Legal Ways in Regulating the Activities of Peer-To-Peer Networks, in the Context of Ensuring the Protection of Intellectual Rights

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Zhohov V.

Krakowskie Studia Małopolskie

2020

vol. 1(25)

21-36

The issue of intellectual property protection on the global information network the Internet has recently become a matter of serious concern on the part of rights holders. Copyright, which arose with the invention of book printing in medieval Europe, was originally planned and understood as an institution of exclusive author’s monopoly on the production of material copies of works. In fact, it is in this context that the concept of copyright existed until the XXI century. On the eve of the new millennium, the emergence of an unprecedented phenomenon for its time - the World Wide Web, has significantly shaken traditional views on the concept of copyright and the limits of its regulation. The effectiveness of the copyright approach to the protection of the legitimate interests of right holders was questioned as early as 1845 by the American judge in the case of Emerson V. Davies. In his opinion, the exclusive rights to the results of creative activity are inadmissible, given that these results themselves are the result of thoughts, ideas, images that were created and repeatedly used by other people. Indeed, creativity is impossible without attracting or borrowing from the “intellectual treasury” of civilization. With the development of modern information technology, such borrowing has become available to anyone with an Internet connection. With the proliferation of computer programs that allow you to record music, create images, animation, creativity is no longer an elite activity available only to the select few.

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1 Krakowskie Studia Małopolskie

1 Zhohov V.

1 2020

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Modern Legal Ways in Regulating the Activities of Peer-To-Peer Networks, in the Context of Ensuring the Protection of Intellectual Rights