Copyright Pirates and Safe Harbors for ISPs - The Digital Millenium Copyright Act
Charles Carreon
New copyright laws go through Congress like a hot knife through butter, and the Digital Millennium Copyright Act (“DMCA”) was no exception. Powered by the needs of media magnates attempting to anticipate the outlines of the Internet century, the DMCA created a new area of law specifically tailored to the needs of the Internet age.
THE PIRATES
Let's start with the problem, and you'll see how the DMCA is the solution, at least the one we've got. The problem is that people are using content all over the Internet on their commercial sites without permission. The Internet makes it so easy to copy text and images that ordinary limitations on copying, such as printing images and documents on paper, or recording music on tapes and CD, were increasingly becoming irrelevant among computer-literate young people. President Clinton signed the law on October 28, 1998, ostensibly to implement two international treaties on copyright. The main effect of the law has been to create complex new rules for online enterprises and Internet Service Providers (“ISPs”). As we will discuss later on in the section on criminal law, the DMCA also created a new crime — the creation and distribution of copy-protection cracking schemes or programs.
THE SAFE HARBOR FOR ISPs — QUICK “REMOVAL OR DISABLEMENT” OF INFRINGING WEBSITES
Recognizing the role that ISPs play in the transmission of content over the Internet, and wishing to protect them from liability for copyright infringement perpetrated by Internet users, Congress carved out a “safe harbor provision” for ISPs. In essence, the safe-harbor tells ISPs that if they will “remove or disable access” to a website infringing content as soon as they are notified, neither the copyright holder nor the website operator can hold them liable. To see how this works, I'll tell you a story.
New copyright laws go through Congress like a hot knife through butter, and the Digital Millennium Copyright Act (“DMCA”) was no exception. Powered by the needs of media magnates attempting to anticipate the outlines of the Internet century, the DMCA created a new area of law specifically tailored to the needs of the Internet age.
THE PIRATES
Let's start with the problem, and you'll see how the DMCA is the solution, at least the one we've got. The problem is that people are using content all over the Internet on their commercial sites without permission. The Internet makes it so easy to copy text and images that ordinary limitations on copying, such as printing images and documents on paper, or recording music on tapes and CD, were increasingly becoming irrelevant among computer-literate young people. President Clinton signed the law on October 28, 1998, ostensibly to implement two international treaties on copyright. The main effect of the law has been to create complex new rules for online enterprises and Internet Service Providers (“ISPs”). As we will discuss later on in the section on criminal law, the DMCA also created a new crime — the creation and distribution of copy-protection cracking schemes or programs.
THE SAFE HARBOR FOR ISPs — QUICK “REMOVAL OR DISABLEMENT” OF INFRINGING WEBSITES
Recognizing the role that ISPs play in the transmission of content over the Internet, and wishing to protect them from liability for copyright infringement perpetrated by Internet users, Congress carved out a “safe harbor provision” for ISPs. In essence, the safe-harbor tells ISPs that if they will “remove or disable access” to a website infringing content as soon as they are notified, neither the copyright holder nor the website operator can hold them liable. To see how this works, I'll tell you a story.