Abstract:
This thesis aims to study legal problems on the protection of copyright works on Internet in the context of peer-to-peer sharing system. The study reveals that indirect support or assistance by online service providers, such as providing directories of copyright works or peer-to-peer sharing programs for their users, cannot yet be considered as primary and secondary infringement under the copyright Act B.E. 2537. Therefore, Thailand should enact a specific law to govern liability of online service providers in order to standardize the practice of the court proceedings. However, currently, there is no necessity to amend the Copyright Act B.E. 2537 because the subject-matters of such Act are well in line with the provisions of Berne Convention and TRIPs. Besides, the scope of "fair use for private purpose", which is an exemption of copyright infringement should be carefully scrutinized. The court should apply a careful owners. Appitionally, the mechanism of the witness examination and the execution of judgment between countries for copyright infringement on internet are not yet efficient. Copyright owners should therefore fully aware of both problems because, despite the judgement, they might not eventually be compensated.