Information Technology Reference
In-Depth Information
The third DMCA safe harbor, which governs information residing on systems or
networks at the directions of users, is applicable to cloud services. According to 512
(c) Section:
A service provider shall not be liable for monetary relief, or, except as provided
in subsection (j), for injunctive or other equitable relief, for infringement of
copyright by reason of the provider's transmitting, routing, or providing
connections for, material through a system or network controlled or operated by
or for the service provider, or by reason of the intermediate and transient
storage of that material in the course of such transmitting, routing, or providing
connections, if the service provider
(A)(i) does not have actual knowledge that the material or an activity using the
material on the system or network is infringing;
(ii) in the absence of such actual knowledge, is not aware of facts or
circumstances from which infringing activity is apparent; or
(iii) upon obtaining such knowledge or awareness, acts expeditiously to
remove, or disable access to, the material;
(B) does not receive a financial benefit directly attributable to the infringing
activity, in a case in which the service provider has the right and ability to
control such activity; and
(C) upon notification of claimed infringement as described in paragraph (3),
responds expeditiously to remove, or disable access to, the material that is
claimed to be infringing or to be the subject of infringing activity
The ISPs can benefit from the safe harbor principles when they comply with the
conditions provisioned under section 512 (i):
i) Conditions for eligibility
(1) Accommodation of technology. - The limitations on liability established by
this section shall apply to a service provider only if the service provider
(A) has adopted and reasonably implemented, and informed subscribers and
account holders of the service provider's system or network of, a policy that
provides for the termination in appropriate circumstances of subscribers and
account holders of the service provider's system or network who are repeat
infringers; and
(B) accommodates and does not interfere with standard technical measures.
The limitations on liability established in this subsection apply to a service
provider only if the service provider has designated an agent to receive notifications
of claimed infringement (takedown notices). This is considered the most effective
way established in the DMCA to protect copyright holders. This notification must be
a written communication provided to the designated agent of a service provider, and
include the elements described in the DMCA. Basically, the DMCA refers to the
identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider to locate the material.
When a service provider receives a notice of copyright infringement, it must
remove or disable access to that material. This duty offers copyright holders an
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