Chapter 8

Online Service Providers: Gateway or Traffic Cop?


As we noted, many OSPs—thousands of commercial companies as well as public libraries, colleges, and universities-have been exposed to a legal claim of copyright infringement without even knowing it. Under copyright rules if someone copies, distributes, or displays a copyrighted work publicly without authority of the copyright owner or its agent, then a violation of law has occurred. Even innocent infringements are subject to penalties. In Chapter 6, we saw that, in addition to injunctive relief, a copyright owner prevailing in an infringement action may be entitled to receive actual damages and profits of the infringement, or statutory damages plus attorney's fees.

One of the developments ...

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