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

From: Roland Cole <cole[_at_]>
Date: Mon, 30 Jan 2006 18:25:01 -0500

I am really hoping so, since I am planning to launch several such groups. By the way, the notice and take-down provisions probably apply if the provider wants the DMCA protection. But I am not aware of a case so holding. Any cases, anyone?  

Roland J. Cole, J.D., Ph.D.

Executive Director

Software Patent Institute

5315 Washington Blvd

INDIANAPOLIS IN 46220-3062 317-727-8940; cole[_at_];

From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]] On Behalf Of John T. Mitchell Sent: Monday, January 30, 2006 6:00 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Other than an ISP, who is a "service provider" under Section 512 other than an ISP?  

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     Received on Tue Jan 31 2006 - 04:25:01 GMT

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