DMCA 2.0: A Potential Shift In Safe Harbor Jurisprudence

Law360, New York (May 19, 2017, 1:00 PM EDT) -- The Digital Millennium Copyright Act of 1998 is almost 20 years old, and while the statute hasn't evolved, the internet has, and with it — albeit at a slower pace — the common law interpreting the DMCA. The scope and applicability of the "safe harbor" provision of the DMCA, 17 U.S.C. § 512(c), has been a hot topic in the federal courts for years, but litigants and courts may be shifting their attention toward less scrutinized areas of the safe harbor.

The DMCA's safe harbor provision provides internet service providers — a term that has expanded over the years to now...

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