Cox Communications, Inc. v. Sony Music Entertainment · ¶15
In 1998, Congress passed the Digital Millennium Copyright Act, 17 U. S. C. § 1201 et seq., which gave service providers a safe-harbor defense to secondary copyright liability. Under the DMCA safe-harbor defense, service providers cannot be secondarily liable for certain forms of copyright infringement if they have implemented “a policy that provides for the termination in appropriate circumstances of subscribers and account holders” who “are repeat infringers.” § 512(i)(1)(A). At the same time, the DMCA specifes that failure to qualify for the safe-harbor defense “shall not bear adversely upon the consideration of a defense by the service provider that the service provider's conduct is not infringing.” § 512(l).Read in context ›
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