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

From: Doug Isenberg <disenberg[_at_]GigaLaw.com>
Date: Tue, 31 Jan 2006 14:20:55 -0500

In at least one well-known case, Hendrickson v. eBay, 165 F. Supp. 2d 1082
(C.D. Cal. 2001), a court referred to the "DMCA's broad definition" of
"service provider" in finding that "[t]here is no dispute over whether eBay is an Internet 'service provider' within the meaning of Section 512." This despite, as far as I know, the fact that eBay does not offer Internet access.  

Similarly, see also Hendrickson v. Amazon.com, 298 F.Supp.2d 914 (CD Cal. 2003).  

Doug Isenberg

Attorney at Law: http://www.GigaLawFirm.com <http://www.gigalawfirm.com/>

Publisher, GigaLaw.com: http://www.GigaLaw.com <http://www.gigalaw.com/>

Author, The GigaLaw Guide to Internet Law: http://www.GigaLaw.com/guide    

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From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] 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

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John T. Mitchell

http://interactionlaw.com     Received on Wed Feb 01 2006 - 00:20:55 GMT