Analyse the Penalty Limits of the Provider of P2P Sharing Technology

In the Case of Qvod

DOI

10.2991/assehr.k.211220.202How to use a DOI?

Keywords

P2P; Qvod Case; Winny Case; Technical Neutrality; Helping Behaviour; Penalty Limitation

Abstract

The punishable boundary of P2P network sharing technology provider in the Qvod case is analyzed in this article under the administration of justice in China. The singular P2P technical pattern and a mixing P2P+CDN technical pattern are applied in Qvodplayer. The operation mechanism of Qvodplayer software is following: users share and spread video resources through P2P sharing, under the condition in which the network bandwidth is limited, or the transmission rate of video resources is slowed down, through P2P caching, hotspot videos are grabbed and cached by Qvodplayer through its dispatch server and caching server. Based on the running mode of Qvodplayer, as the technology provider, the server (Qvod Company) has become the secondary source of video resources that have already been uploaded. Thus, Qvod Company not only plays the role of technology provider, but it is also the provider and administrator of information service related to network videos. From the aspect of management, knowing that there are obscene videos in the software, Qvod Company still indulges their spread and benefits from them under the premise that it can perform the duty of supervision. Thus, Qvod Company fails to perform its duty of supervision and directly participates in the spread of obscene videos, which should undertake criminal liability in this case.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Chengcheng Guo
PY  - 2021
DA  - 2021/12/24
TI  - Analyse the Penalty Limits of the Provider of P2P Sharing Technology
BT  - Proceedings of the 2021 4th International Conference on Humanities Education and Social Sciences (ICHESS 2021)
PB  - Atlantis Press
SP  - 1187
EP  - 1193
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211220.202
DO  - 10.2991/assehr.k.211220.202
ID  - Guo2021
ER  -