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 copy of the plaintiff?s movie by one the defendant?s users. The defendant moved for summary judgment relying in part on the "safe harbor" provisions of the
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Read about the movie Safe Harbor (1984) (TV)
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Safe Harbor
Poster #357650 Dietz, James... |
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Safe Harbor
Poster #264898 Kahn, Michael... |
1. "The Digital Millennium Copyright Act Safe Harbor Provision."
2. "Section 512a of the DMCA provides a safe harbor protecting ISPs from copyright infringement liability when one of its users transmits unauthorized materials over its network."
3. "Further, once an ISP becomes aware that infringing materials are being stored on its network, the ISP must immediately remove the files in order to reap the benefits of the safe harbor provision."
4. "The plaintiffs argued that Napster was not protected by the DMCA’s safe harbor provision because Napster facilitated the infringement, and thus did not qualify for protection under the safe harbor provision."
5. "The plaintiffs believed that certain aspects of Napster’s service functioned as locator tools, such as a search engine, index, directory and other links thus, placing the defendants outside the scope of the safe harbor provision."
6. "Thus, the plaintiff’s claimed that Napster should not be afforded protection under the safe harbor provision of the DMCA."
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