Legal Question in Technology Law in California

Re: Resposibility of Web Content of ISP Customers?

Unfortunately, there is no way you can get out of a lawsuit without going to court. The customer put up the website, not you. So the customer is liable for sure. You have a lot of First Amendment issues though. You and the customer have those rights. I would need to see the charging allegations. Courts are reluctant to restrict these rights. They apply a standard known as "strict scrutiny". It is a really tough standard. The test case was someone yelling "fire" in a crowded theater when there was no fire. You can't do that. The price of freedom is tolerance of different opinions and comments. I am admitted in California and have associates there. I commute. You can email me with any further details or questions.

Re: Resposibility of Web Content of ISP Customers?

The Digital Millennium Copyright Act ("DMCA") has set up a mechanism for ISP's to avoid copyright infringement liability. However, you must follow and adhere to certain requirements of the act. Additionally, any claim of copyright infringement must be submitted within the context and requirements of the act.

I would need a few more facts to determine if protections of the DMCA applies to you. Please call or email me directly for a free consultation [email protected] / (619) 522-6760

Re: Responsibility of Web Content of ISP Customers?

On October 28, 1999, the Digital Millennium Copyright Act (subtitled the Online Copyright Infringement Liability Limitation Act) amended the copyright law to provide for limitations for service provider liability relating to material online. The Act serves to limit the liability of service providers for claims of infringement caused by material residing, at the direction of a user, on a system or network that the service provider operates. The limitations on liability apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement to the Copyright Office and through the service provider�s publicly accessible website.

Our firm can prepare the required forms and for an additional fee, serve as a designated agent on behalf of a qualified online service provider.

For more information, visit our site(s)

www.BrandXperts.com or

www.Copyrightpros.com or

www.Namesavers.net

With offices in Irvine and San Francisco, CA, we would be pleased to offer a free initial consultation. Call (949) 754-3048.

Anderson & Shippey

Intellectual Property Solutions for the New Millennium.