Cox Communications, Inc. v. Sony Music Entertainment · ¶44

Sony overreads the DMCA. Sony does not contend that the DMCA expressly imposes liability for Internet service providers who serve known infringers. It does not. The DMCA merely creates new defenses from liability for such providers. And, the DMCA made clear that failure to comply with the safe-harbor rules “shall not bear adversely upon . . . a defense by the service provider that the service provider's conduct is not infringing.” § 512(l).

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