Does the safe harbor created by H.R. 5211 extend to any copyright owner who interferes with file-trading upon a reasonable basis to believe piracy is taking place?
No. It is an utter fabrication to say that H.R. 5211 provides a safe harbor for copyright owners who have a reasonable basis to believe piracy is taking place. There simply is no reasonable basis language in the safe harbor created by H.R. 5211. The actual language of H.R. 5211 is clear: it only provides a safe harbor to copyright owners who actually impair the piracy of their copyrighted works through P2P networks – without regard to whether they have a reasonable basis to believe piracy is taking place. To put it another way: under H.R. 5211, a copyright owner who impairs lawful file-trading would not get the benefit of the safe harbor even if that copyright owner had a reasonable basis to believe piracy is taking place.
Related Questions
- Does H.R. 5211 limit the ability of P2P users to sue a copyright owner for hacking, wrongfully stopping file-trading, or otherwise damaging their computers?
- Does the safe harbor extend to auditors and other experts that might be associated with the market risk information?
- Why is a safe harbor from liability for copyright owners necessary?
