4G Peer-to-Peer Technology – Is it Covered by Copyright?

Abstract

This article highlights the legal issues that have developed since the advent of the fourth generation peer-to-peer (4G P2P) Internet file transmission technology especially in the copyright regime. A right over third generation peer-to-peer technology for communicating work to the public has already been extended to authors and also recognized by most of the countries. However, extending authors’ right over 4G P2P is too complex because of the nature of the technology i.e., the method of transmission is entirely different from the other generation P2P. While examining the technology, one can very well understand that the method of file transmission has some characteristics similar to that of traditional broadcasting. Therefore, broadcasting organizations and some of the streaming companies seek protection for such transmission just like broadcasters’ protection. In this paper, it is argued that without studying the technology as well as defining rights of the author over the 4G P2P, extension of rights to the broadcasters as well as streamers (webcasters in a limited context) is impossible.