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Brett Lorenzen writes:
>Suzanne Stephens wrote:
>>
>> Brett, I would be most grateful for a summary of whatever you have been
>> able to figure out about this new law.
>He comes back, and quotes section 512(k) of the act to me:
>
>(k) DEFINITIONS-
>`(1) SERVICE PROVIDER- (A) As used in subsection (a), the term `service
>provider' means an entity offering the transmission, routing, or
>providing of connections for digital online communications, between or
>among points specified by a user, of material of the user's choosing,
>without modification to the content of the material as sent or received.
>
>`(B) As used in this section, other than subsection (a), the term
>`service provider' means a provider of online services or network
>access, or the operator of facilities therefor, and includes an entity
>described in subparagraph (A).
>
>And I say: "So, are those who host web servers required to register or
>not?"
>
>"I'm sorry sir, we aren't allowed to interpret the law. . . . If you'll
>just look at section 512(k), it's all explained right there . . ." (and
>he proceeds to quote the whole thing to me again).
I am not about to interpret the law either, but, it can't hurt, if you host
or co-locate any services, to "appoint and agent" and make that agent's
contact information available on your web site.
An agent is merely a named person. As to the web site notifcation, the
following _should_ be sufficient: "For questions or complaints write to
"'COMPLAINTS' XYZ company, 123 Any Street, Sometown, StateX 11111."
(Remember to make that information available to the Copyright Office.)
The deal here is that service providers have been granted broad safe harbors
for direct, contributory and viarious liability. There are conditions that
must be met, however, if the SP is to be able to take refuge.
I am spending the day writing an article on the subject (as I am lecturing on
it on Tuesday 11/10 to the Suffolk Academy of Law) and I will make a copy of
the article available on the net soon.
--
sjf
---
Scott J. Fine
Fine Hummel, P.C., Attorneys At Law
7 High Street, Huntington, New York 11743
Tel: 516.351.2100 Web: http://www.finehummel.com
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