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?
Subsection 512(a) provides a safe harbor for service providers in regard to communications that do not reside on the service provider?s system or network, but merely pass “through” the system or network. Any copies of the communications on the system must be temporary, i.e., “intermediate or transient.” A service provider must satisfy the following critical elements in order to qualify for the “safe harbor” protection from liability of subsection 512(a) (note that subsection 512(k)(1)(A) defines “service provider” as used in subsection 512(a)): (a) The service provider is an entity offering the transmission, routing, or providing of connections for digital online communications [512(k)(1)(A)]; (b) The service provider did not initiate the transmission of the material [512(a)(1)] (b) The transmission, routing, provision of connections, or storage is carried out by an automatic technical process [512(a)(2)]; (c) The Internet user, not the service provider, must select the origination and
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?
