Does a service provider have to follow the safe harbor procedures?
No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued.
Related Questions
- What are the criteria a service provider must satisfy in order to qualify for safe harbor protection under Subsection 512(a) of the Digital Millennium Copyright Act?
- What does a service provider have to do in order to qualify for safe harbor protection?
- Does a service provider have to follow the safe harbor procedures?
