QUESTION

As an ISP, are we responsible for answering to copyright cases that are not issued through a subpoena?

Asked on Jul 24th, 2012 on Intellectual Property - Maryland
More details to this question:
In reference to section 512 of the Copyright Act.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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Generally speaking, you do not have to provide information to a DMCA complainant except pursuant to a lawful court order. However, even without a court order, you must respond appropriately to a DMCA takedown notice (i.e., by taking down the allegedly infringing material) in order to continue to receive the benefit of the safe harbor.
Answered on Jul 24th, 2012 at 10:56 AM

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