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...
- Reputation Management Revolution: Fake News Sites And Even Faker DMCA Notices
- Brazilian Media Giant Realizes It Can Use The DMCA To Censor Criticism Of Its Coverage
- IFPI Files DMCA Takedown... On A Creative Commons Song... Posted 12 Years Ago.
- Nothing About The Story Of An Artist Being Threatened With A Lawsuit Over A Painting Of A Small-Dicked Donald Trump Makes Sense
- EA DMCAs Trump/Mass Effect Mashup Video Claiming Trump Re-Tweeting It Made Its Use 'Political'