Do the current provisions of the Copyright Act already adequately address ISP concerns?
ITAC believes that the current provisions are not adequate in a number of ways. First, the current provisions are ambiguous and attempts at clarification through legal proceedings (most notably the Tariff 22 proceedings) have been costly to the industry. The ambiguity exists in part due to the lack of clear definition of the term “ISP” since it is used to mean widely different things. Second, there appears to be a lack of clear understanding of current technology and the ability to control, monitor, and ensure that content is removed or blocked or that particular (unauthorized) parties are denied access (e.g., based on national laws). Third, the many rights granted to owners in the Copyright Act were largely designed with pre-internet industrial uses in mind. As a result, there is considerable uncertainty about their application to internet activities such as webcasting, caching and hosting. Clarification of these issues is critical to avoid unnecessary future litigation. 3.2 What othe
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- Do the current provisions of the Copyright Act already adequately address ISP concerns?
