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Posted Sunday, March 21, 2004 • HELP MR IRVING'S LEGAL BATTLES click

Duties of the ISP under the Digital Millennium Copyright Act, 1998


1.Eligibility Limitations . To benefit from the limitations on liability provided in Title II, a party must qualify as a "service provider." Under the transitory communication category, a service provider is "an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received."

Section 512(k)(1)(A). For the other categories, a service provider is "a provider of online services or network access, or the operator of facilities therefor."

Section 512(k)(1)(B). In addition to being a service provider, there are two other conditions included in section 512(i), which must be met for a service provider to be protected by Title II. First, the service provider must adopt and reasonably implement a policy of terminating in appropriate circumstances the account of subscribers who are repeat infringers. Second, it must accommodate and not interfere with "standard technical measures."

The standard technical measures are defined as measures that:

(i) copyright owners use to identify or protect copyrighted works,
(ii) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair and voluntary multi-industry process,
(iii) available to anyone on reasonable nondiscriminatory terms, and
(iv) do not impose substantial costs or does not burden service providers.

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