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CHENG Fa-Chang

The Reflection of DMCA safe harbor rule in Thinking of General Liability for the ISP through its Users’ Violation of Law within Cyberspace

Edition: International Journal of Sound, Music and Technology vol. 1, n° 1, p.5-10.

Date: 2011

Region: TAIWAN

Origin: TAIWAN

Type of media: Article

Language: English

Editor: M.B.


There have been a lot of copyright infringing activities for digital music within Cyberspace. Even the actual individual infringer is liable for his or her own copyright infringing activities, the issue of whether the ISP serving as the intermediary should be also liable because of the user’s copyright infringement also raise a great deal of attention in the legal field. The uncertainty of whether or how the ISP should take the responsibility related to its user’s copyright infringement is alleviated through the enactment of DMCA (Digital Millennium Copyright Act) in the United States. One main purpose of DMCA is to provide a safe harbor to the ISP to avoid this awkward possible liability. This dilemma for ISP is not only happening in its users’ violation of copyright protection in the digital music, but also in other kinds of law. This article tries to explain the uncertainty for ISP by way of copyright infringement and the alleviation in DMCA in order to bring up the discussion of extending the application of safe harbor mechanism to some extent, with some additional requirement, as the tentative proposal to find the balance among the user, the ISP and the legal rights owner before the unified and clear ISP liability for its user’s violation of law emerging.