Question: What are the criteria a service provider must satisfy in order to qualify for safe harbor protection under Subsection 512(a) of the Digital Millennium Copyright Act?
Answer: Subsection 512(a) provides a safe harbor for service providers in regard to communications that do not reside on the service provider’s system or network, but merely pass “through” the system or network. Any copies of the communications on the system must be temporary, i.e., “intermediate or transient.”
A service provider must satisfy the following critical elements in order to qualify for the “safe harbor” or protection from liability provided by subsection 512(a) (note that subsection 512(k)(1)(A) defines “service provider” as used in subsection 512(a)):
(a) The service provider is an entity offering the transmission, routing, or providing of connections for digital online communications [512(k)(1)(A)];
(b) The service provider did not initiated the transmission of the material [512(a)(1)]
(b) The transmission, routing, provision of connections, or storage is carried out by an automatic technical process [512(a)(2)];
(c) The Internet user, not the service provider, must select the origination and destination points of the communication [512(a)(3) and 512(k)(1)(A)];
(e) The service provider must not modify the communication selected by the Internet user [512(a)(5)];
(f) The communication is transmitted “through” the system or network of the service provider [512(a)(2)];
(f) No copy of the communication is maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients [512(a)(4)]; and
(g) No copy is maintained on the system or network in a manner ordinarily accessible to anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, and provision of connections [512(a)(4)].
I wonder how "g" fits in with the comic respect forum scans. As they may be hosted elsewhere but they are longterm linked to here
Context and scans are present there..... 😬 Which as it gives a plot outline and often the best sequence of images; For some this makes buying the comic redundant and opens a whole another set of questions. I'm sure Raz has it all sorted though. 🙂