Other than an ISP, who is a "service provider" under Section 512 other than an ISP?

From: John T. Mitchell <mitchell[_at_]interactionlaw.com>
Date: Mon, 30 Jan 2006 18:00:01 -0500

Would someone offering a "discussion board" (as an add-on to a business), and who does not provide Internet access, fit within the definition of "service provider" such as to be sheltered by 17 USC 512? I am assuming a worst case in which a participant in the discussion board posts material infringing a copyright, or linking to a website where infringing information can be obtained -- something to raise the ire of a copyright owner.

Any thoughts? Here is the definition:

(k) Definitions.—
(1) Service provider.—

        (A) As used in subsection (a), the term “service provider” means 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.

        (B) As used in this section, other than subsection (a), the term “service provider” means a provider of online services or network access, or the operator of facilities therefor, and includes an entity described in subparagraph (A).


John T. Mitchell
http://interactionlaw.com Received on Tue Jan 31 2006 - 04:00:01 GMT

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