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A provision granting protection from liability or penalty if certain conditions are met. A safe harbor provision may be included in statutes or regulations to give peace of mind to good-faith actors who might otherwise violate the law on technicalities beyond their reasonable control.
Provisions of the DMCA. No circumventing digital protections: A ban on circumventing a technological measure or access control technology. No distribution of devices designed to circumvent digital protections: A ban on trafficking in technology that circumvents access-control measures.
Overview of Section 512 The safe harbors shield qualifying online service providers from monetary liability for copyright infringement based on the actions of their users, in exchange for cooperating with copyright owners to expeditiously remove infringing content and meeting certain conditions.
(1) A defendant shall serve an answer within 30 days after being served with the summons and complaint or completion of service by publication. (2) A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 30 days after being served.
(1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleadings or motions are required. (2) A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses.
Digital Millennium Copyright Act The "safe harbor" provisions (section 512) protect service providers who meet certain conditions from monetary damages for the infringing activities of their users and other third parties on the net.
You Must Have a Good Reason to Submit a Counter Notice. In order to file a counter notice, you must have "a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled." (U.S. Code, Title 17, Section 512(g).)
Overview of Section 512 The safe harbors shield qualifying online service providers from monetary liability for copyright infringement based on the actions of their users, in exchange for cooperating with copyright owners to expeditiously remove infringing content and meeting certain conditions.