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Service provider | The IT Law Wiki | FANDOM powered by Wikia us digital millennium copyright act definition

Service provider Edit Classic editor History Talk (0) Share Contents [ show ] Definitions Edit DMCA Edit

Under the Digital Millennium Copyright Act (" DMCA "), to qualify for immunity under the safe harbor provisions , a party must first meet the statutory definition of a service provider. The DMCA provides two distinct definitions, one applicable to the first safe harbor and the second applicable to all of the other safe harbors.

Under 17 U.S.C. §512(a), the transitory communications provision, “service provider” is narrowly defined as “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.” [1]

The remaining three subsections utilize a broader definition of “service provider,” applicable to “a provider of online services or network access , or the operator of facilities therefor” [2] and includes entities "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." [3] . Section 512(k)(1)(B)'s definition has been interpreted broadly. [4]

For example, this definition encompasses providers offering “ Internet access , e-mail , chat room and web page hosting services." [5]

General Edit

A service provider may provide an access gateway to the Internet , security services, storage or processing services, or access to information (for example, Internet addresses or news) and applications (for example, search engines ). Individual companies may provide a unique mixture of access , information , and services (for example, social networks ).

There are many situations in which an entity will be referred to as a service provider, including:

Application service provider Internet service provider Network service provider Online service provider VoIP service provider Telecommunications law Edit

A service provider is

“ [a]ny public or private entity that provides to users of its service the ability to communicate by means of a computer system , and

any us-digital-millennium-copyright-act-definition-rid-0.html. moncler womens designer shoes other entity that processes or stores computer data on behalf of such communication service or users of such service. [6]

A service provider is "a provider of telecommunications services or a provider of information services." [7]

References Edit ↑ 17 U.S.C. §512(k)(1)(A). ↑ Id. §512(k)(1)(B). ↑ Id. ↑ See ALS Scan, Inc. v. RemarQ Communities, Inc., 239 F.3d 619, 623 (4th Cir. 2001) ( full-text ); Hendrickson v. eBay , Inc., 165 F.Supp.2d 1082, 1087 (C.D. Cal 2001) ( full-text ) ("eBay clearly meets the DMCA's broad definition of online 'service provider'"). ↑ H.R. Conf. Rep. No. 105-551, pt. 2 at 64. ↑ Convention on Cybercrime , Art. 1(c). ↑ 47 C.F.R. §51.5. Retrieved from " http://itlaw./wiki/Service_provider?oldid=191900 " Ad blocker interference detected! Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected. Categories : Internet Technology DMCA Legislation Legislation-U.S.-Federal Legislation-U.S.-DMCA Telecommunications Add category Cancel Save
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Digital Millennium Copyright Act ("DMCA") Compliance MetroCast complies with the Online Copyright Infringement Liability Limitation Act of 1998 ("Act"). As required by the Act, we have adopted a policy to terminate services to account holders or subscribers who repeatedly infringe copyrights. In the event that we receive a determination that any subscriber or account holder has infringed another's copyright through the use of our system or network, we reserve the right to terminate service to that subscriber or account holder after receiving notice of any further copyright infringement by that subscriber or account holder.

MetroCast accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.

In accordance with § 512(3) of the Act, MetroCast has filed with the United States Copyright Office the necessary designated agent information to facilitate notice to MetroCast of alleged online copyright infringement on MetroCast's network.

MetroCast's designated agent for notification of alleged copyright infringement and counter notification is as follows:

Name: Ryan F. Pearson, Executive Vice President and General Counsel
Company: MetroCast Cablevision of New Hampshire, LLC
                     Gans Communications, L.P. d/b/a MetroCast Communications
Address: 70 E. Lancaster Avenue, Frazer, PA 19355
Phone: (610) 644-7500
Fax: (610) 993-1100
Email: abuse@


FAQs for subscribers who receive a notice of alleged copyright infringement

● What is the “DMCA”?  The Digital Millennium Copyright Act is a federal law that seeks to balance and protect the rights of owners and users of copyrighted digital material.  To avoid legal liability when subscribers repeatedly infringe copyrights, internet service providers like MetroCast have developed a notification and termination policy to address such infringement. 

● Why did I receive a notice?  MetroCast received a notice from a copyright owner informing MetroCast that an IP (internet protocol) address associated with MetroCast either downloaded or appeared to have shared the copyright owner’s material.  MetroCast reviewed its records and found that the IP address identified by the copyright owner was associated with your account at the time of the infringement. 

● What should I do if I received this notice?  

            ●  I know why I received this notice.  Immediately delete the copyrighted material from all of your computers and electronic devices and, going forward, do not download, share or otherwise distribute any illegally obtained copyrighted material.

            ●  I don’t know why I received this notice.  Someone else, either in or outside your home, may have downloaded or shared an illegal version of copyrighted material.  If this is the case, you should: 

            - Check all Devices and Delete the Material.  If the identified copyrighted material is on any computer or electronic device using your network and/or any website within your control or from any peer-to-peer file sharing program, delete it, determine how it got there and make sure it won’t happen again by informing all users of your network of the content of the notice.

            - Secure your Wireless Network.  If you access the internet through a wireless router that is not secure, i.e. not encrypted, not password protected, or its use is not limited to known and authorized computers, unauthorized users may access the internet through your network.

● What will happen to me?   Unless otherwise stated in the notification, MetroCast will take no further action if you followed the steps above and MetroCast receives no further notices from copyright owners under the DMCA.  Failure to comply with MetroCast’s Acceptable Use Policy and receipt of further notices may lead to suspension or termination of your service.