Hastings International and Comparative Law Review


Tao Leung


The entertainment industry initially treated the advent of peer-to-peer ("P2P") technologies as a death-knell for copyright protections and attempted to fix the perceived problem with solutions that were misguided, litigious, ineffective, and costly. By viewing P2P technology as a threat, the industry failed to capitalize on a new technology that might have provided limitless opportunity. Moreover, the recording industry's narrow-minded attempt to curtail illegal file sharing mirrored the U.S. government's attempt to enforce intellectual property protection in China. Both the entertainment industry and the United States failed to understand the economic, social, and cultural realities in the areas in which they were seeking reform. The United States coerced China to adopt ethnocentric measures that were ultimately ineffective and unproductive. Lastly, this note will explore some possible solutions to both problems that might help alleviate presently disastrous situations.