July 1st, 2002
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| Connoisseur | | Join Date: August 9th, 2001 Location: Philadelphia, PA, USA
Posts: 358
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Quote: |
ISP's have not been held liable for content they "pass through" because they are just like the phone company and just supply a means to pass packet data.
| Here's someting to consider about the pasthrough and "acting as ISP" idea: When is an ISP liable for the acts of its subcribers?
Specifically, it lists these requirements where an ISP is not liable for the actions of it subscribers under the DMCA: - the ISP must not obtain financial benefit from the infringement
- the ISP must not have actual knowledge or awareness of facts indicating infringing transmissions, and
- upon learning of an infringing transmission, the ISP must act quickly to remove or disable access to the infringing transmission
That's why ISPs will block certain users using P2P applications, but also the reason why the "acting as an ISP" reasoning won't get you far, especially now since you made it public knowledge by posting that idea here 
Last edited by cultiv8r; July 1st, 2002 at 11:07 AM.
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