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...
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