"Service Provider" under DMCA

With regard to the limitations of liability under 17 USC 512, there are two definitions of "service provider" in subdivision (k).

The first one, which applies only to the limitation in subdivision (a), is fairly narrow, and seems to apply mostly to telecommunications providers, such as companies who provide the Internet "backbone" and server space, such as web hosting companies.

The second one, is much broader. Looking at the legislative history, an indexing service, such as Yahoo! is in the definition. How far does it extend? Is a database service such as LEXIS/NEXIS or WESTLAW? An auction site such as eBay? Any website?

"provider of online services or network access" seems somewhat vague.

Anyone have any thoughts on this?

Torsten Bettinger <tnb[_at_]intellecprop.mpg.de> started a similar thread about 2 years ago, but I'm wondering if anyone has anything to add. More recently, Eric Eldred <eldred[_at_]eldritchpress.org> (and others) addressed the problem specifically with regard to eBay, but that discussion _assumed_ that eBay was a "service provider" Received on Sat Oct 21 2000 - 01:02:45 GMT