Safe Harbor Provisions for Internet Service Providers under the Online Copyright Infringement Liability Limitation Act (OCILLA)

The Online Copyright Infringement Liability Limitation Act (OCILLA), 17 U.S.C.S. §512, established four Safe Harbor provisions for Internet service providers (ISP’s) sued for copyright infringement. Internet service providers have been sued of copyright infringement in the North American Courts based on three main theories, (i) direct copyright infringement, (ii) contributory copyright infringement, and (iii) vicarious copyright infringement. OCILLA’s safe harbor provisions have proved to be a resourceful defense for Internet service providers. Next, we will explore each of these provisions and their relationship with other rules according to courts’ interpretation

The following questions have been addressed in this article:

How 17 U.S.C.S. §512 (k) defines the term ‘internet service provider’ for the purpose of the safe harbor provisions?
What is the scope of the ‘transitory digital network communications’ safe harbor provision for Internet service providers?
What is the scope of the ‘System caching’ safe harbor provision?
What is the scope of the third safe harbor provision called ‘Information residing on systems or networks at direction of users’?
What is the ‘Information location tools’ safe harbor provision?

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