ISP play an essential role in protecting information on the internet and stopping any infringement activity in the network. The content providers expect these ISPs to safeguard the content that they share on the internet from being copied and distributed globally by people without official rights or permission. In the United States, the question of what liability can be put and who should it be put in case of any infringement activity is ever-evolving. Under this debate, Congress has made some changes and given clarifications within the legislative framework of the copyright act applicable in the United States.
Random-access memory copying plays an essential role in deciding the liability of the ISPs. The word â€˜copyâ€™ is defined in the Copyrights Act. It opined that any copyrighted work or piece of information copied and stored in a computer RAM leads to the copying of that particular piece of information and hence amounts to infringement. An important thing to note here is that much of what ISPs do requires copying. They connect vast networks of computers and the internet by transmitting digital signals from one system to another. These signals can always include any information which is copied. As a result, the copyrighted information is stored in the RAM of the systems present within the network. It makes it essential to ask whether such copying comes under the Copyright Act and whether this amounts to an unlawful activity or an infringement.
Section 512 provides four safe harbor clauses to the ISPs who are involved in the infringing activities. These clauses play as a shield for the ISPs from any monetary compensation these ISPs might have given otherwise. These four safe harbor clauses are mentioned as four clauses in section 512.
These clauses define what all should be done to avoid paying the damages. These provisions generally require the ISPs to remove any access to copyrighted material from their systems so that no infringement can happen. Other parts of this section lay down the eligibility criteria for the ISPs to claim the benefit of these clauses. One such criterion is that the ISP should remove any person who has been a repeat offender. The first clause of these four is section 512(a), which states that ISPs are mere conduits or connecting between the internet and the customer. Such ISPs are safe and lawful by section 512. The second clause talks about caching the data in the system for the benefit of the users who ask for it. This kind of storage of data is temporary. The third clause protects the ISPs from the infringing material put there by another person other than that ISP. It makes sure that an ISP that was not a part of the activity is not held liable. The last clause is like the third one and protects those ISPs that link users to websites that might have infringed data.
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