To qualify for a DMCA Safe Harbor, do ISPs need to respond to notices for takedowns of alleged P2P infringements?
Section 512 provides safe harbor protection for four classes of online service providers. 512(a) covers conduit systems that transmit and route data between users and store copies only as part of that process. 512(b) protects caching systems, which temporarily retain copies for users requesting it from its original source. 512(c) protects storage systems that allow users to store information on their networks, such as a web hosting service or a chat room. Finally, 512(d) covers information location tools such as search engines or directories. (See What defines a service provider under Section 512…?) Using typical P2P file-sharing services, users store files on their computers and send them directly to each other. The users? ISPs simply act as a conduit in that process. In these circumstances, ISPs would be treated under DMCA Safe Harbor 512(a) for conduits. 512(a) service providers do not need to perform notice-and-takedown to obtain a safe harbor. However, 512(a) providers do have t
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- To qualify for a DMCA Safe Harbor, do ISPs need to respond to notices for takedowns of alleged P2P infringements?
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