Does datacenter practice this:
The Digital Millennium Copyright Act of 1998
U.S. Copyright Office Summary
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The failure of a service provider to qualify for any of the limitations in section 512 does not necessarily make it liable for copyright infringement.- The copyright owner must still demonstrate that the provider has infringed, and the provider may still avail itself of any of the defenses, such as fair use, that are available to copyright defendants generally.- (Section 512(l)).
Section 512 also contains a provision to ensure that service providers are not placed in the position of choosing between limitations on liability on the one hand and preserving the privacy of their subscribers, on the other.- Subsection (m) explicitly states that nothing in section 512 requires a service provider-to monitor its service or access material in violation of law (such as the Electronic Communications Privacy Act) in order to be eligible for any of the liability limitations.
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The statute also establishes procedures for proper notification, and rules as to its effect.- (Section 512(c)(3)).- Under the notice and takedown procedure, a copyright owner submits a notification under penalty of perjury, including a list of specified elements, to the service provider’s designated agent.- Failure to comply substantially with the statutory requirements means that the notification will not be considered in determining the requisite level of knowledge by the service provider.- If, upon receiving a proper notification, the service provider promptly removes or blocks access to the material identified in the notification, the provider is exempt from monetary liability. In addition, the provider is protected from any liability to any person for claims based on its having taken down the material.- (Section 512(g)(1)).
In order to protect against the possibility of erroneous or fraudulent notifications, certain safeguards are built into section 512.- Subsection (g)(1) gives the subscriber the opportunity to respond to the notice and takedown by filing a counter notification.- In order to qualify for the protection against liability for taking down material, the service provider must promptly notify the subscriber that it has removed or disabled access to the material.- If the subscriber serves a counter notification complying with statutory requirements, including a statement under penalty of perjury that the material was removed or disabled through mistake or misidentification, then unless the copyright owner files an action seeking a court order against the subscriber, the service provider must put the material back up within 10-14 business days after receiving the counter notification.
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Penalties are provided for knowing material misrepresentations in either a notice or a counter notice.- Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider. (Section 512(f)).
