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Second Circuit clarifies the scope of safe harbor protection under the Digital Millennium Copyright Act

• Paul, Weiss, Rifkind, Wharton & Garrison LLP
• -
• USA
• -
• April 5 2012

On April 5, 2012, the United States Court of Appeals for the Second Circuit issued an important decision clarifying the contours of the “safe harbor” provision of the Digital Millennium Copyright Act (DMCA) that limits the liability of online service providers for copyright infringement that occurs “by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider.”