Date of Award


Degree Type


Degree Name

Doctor of Law (SJD)



First Advisor

Christian Okeke

Second Advisor

Sompong Sucharitkul

Third Advisor

Sophie Clavier


Adjusting legal system of copyright is vigorously in need in the twenty-first century. The abuse of technology has severely damaged the copyright-related industries not only in Taiwan, but also in the United States. Indeed, the lawsuits filed against modern P2P transmission are fairly unprecedented to courts when facing the tension between copyright holders and technology innovators. Therefore, the technological changes provide an enlightened motivation to develop the analysis on whether the approach that legislators and courts take would harmonize private property rights and public interests. Through the arguments, there are meaningful goals the study attempts to achieve. It is essential for the study to make clear the historical contexts of copyright which provides a broad view on how the new technology impact copyright law. The study would also propose a deliberate suggestion for Taiwanese government by virtue of analyzing and weighting the pros and cons of amendments for digital technology. Particularly, Taiwan is the first country embodying opinions of Grokster case in domestic copyright law; therefore, the comments on the appropriateness of the legislation would be highlighted hereby. The subjects cover the elements, policies and effects of the enactment. It is certainly meaningful to make such comparison in depth to identify the potential result of the future Taiwanese court's decisions relating to its recently adopted articles. Therefore, all we discuss will benefit the Taiwanese legislative in the future.

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