by Mike Masnick
Thu, Aug 16th 2007 10:03am
Eric Goldman points us to a relatively recent paper by Mark Lemley that takes a look at internet safe harbors for service providers. Lemley agrees with many of us around here that safe harbors make perfect sense, since there's no reason to put the liability on a third party who is simply providing a service, rather than the person actually breaking the law. However, his complaint is that there are different safe harbor rules written into different laws and they have different requirements. For example, copyright safe harbors are a part of the DMCA and require a specific process to receive protection. Safe harbors for libel, however, are in the CDA and work differently than the ones in the DMCA. Since the purpose of both safe harbors is the same, it makes sense, as Lemley suggests, that the various safe harbor rules be put under a single umbrella and harmonized. It's such a reasonable idea it'll probably never happen.
If you liked this post, you may also be interested in...
- YouTube Reinstates Metal Gear Video Konami Took Down, Warns Konami Not To Be Jerks
- John Deere Clarifies: It's Trying To Abuse Copyright Law To Stop You From Owning Your Own Tractor... Because It Cares About You
- And Then... Court Rejects Rightscorp's Bogus DMCA Subpoena Argument
- Konami Gets YouTube To Take Down Video It Doesn't Like; Streisand Effect Ensures Neverending Discussion Of Video
- Rightscorp Wins Anti-SLAPP Claim Against Guy Who Sued After Being Bullied With Robocalls