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Journal of Technology Law & Policy

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Comment

Abstract

This Case Comment specifically focuses on the safe harbor in § 512(c) which “limits the liability of qualifying service providers for claims of direct, vicarious and contributory infringement for storage at the direction of a user of material that resided on a system or network controlled or operated by or for the service provider.” Congress explained that “providing server space for a user’s […] forum in which material may be posted at the direction of users” is an example of an instance that would qualify for § 512(c) safe harbor protection. This example is nearly identical to the case at hand where LiveJournal provided service space for users to post material on its celebrity news forum.

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