The term Internet Service Provider (“ISP”), as defined by the Digital Millennium Copyright Act (“DMCA”), includes virtually any online service. These services are eligible for safe harbor protections under the DMCA when they fulfill certain enumerated requirements. However, minor missteps can leave ISPs unprotected and exposed to liability for copyright infringement. This Article will discuss, through a survey of recent cases, several such mistakes made by ISPs and tips to avoid them.
Nicole J. Nyman,
A Few Degrees Off the Mark: Miniature Missteps That Can Render the Safe Harbors of the DMCA Inaccessible,
1 Shidler J. L. Com. & Tech.
Available at: https://digitalcommons.law.uw.edu/wjlta/vol1/iss3/3