safe harbors, linking, conduit service, system catching, infringement.
The article discusses how online service providers qualify for the safe harbor protections of the DMCA. The authors offer a guide for removing infringing material from an online service providers system consistent with safe harbor protections. Finally, the authors summarize current case law involving copyright infringement claims against online service providers.
Hardy, I.T. (1995). Contracts, copyright, and preemption in a
digital world. Richmond Journal of Law and Technology,
1(2). Available at www.richmond.edu/jolt/v1i1/hardy.html.
Descriptors: copyright preemption, state contract law, Copyright Act, online publications, unauthorized copying.
Hardy compares copyright owners' view of protection to copyright preemption actions. He analyzes the effect of new information technologies on intellectual property and copyright law. He discusses copyright preemption of state contract law and predicts litigation
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