Cathy C. W. Ting
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On 21 April, the Legislative Yuan passed amendments to
certain provisions of the
Copyright Act to provide a safe habor for ISPs from civil liabilities. Copyright
owners, ISPs and Internet surfers will all be affected by the amendments, as summarized below: |
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Copyright owners |
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Currently, a copyright owner
may
seek remedies for his/her rights against an infringer through judicial proceedings.
Now, copyright owner may demand the ISP immediately remove the infringing content
or relevant information, i.e. implement the Notice & Take Down procedure to
contain the damage. |
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When infringed by an Internet surfer abusing P2P software, the copyright owner may
send a warning to the surfer using that specific IP address via the ISP providing
online services, demanding that the surfer cease the copyright infringement. |
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ISPs |
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Where an ISP cooperates with the copyright owner and follows the Notice & Take
Down procedure, it may avoid the risk of being prosecuted for joint infringement
and may also be shielded from any joint and several liability with the suspected
infringer. |
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To qualify for the safe harbor protection, the ISP, before providing services to
its Internet surfers, must inform the surfers of all its measures to protect copyrights
and of the termination of all or part of its services if an Internet surfer has
been warned for suspected copyright infringement three times. |
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Internet surfers |
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Where an Internet surfer, without authorization, uploads, re-posts or auctions
any pirated films, music, or literary works on the Internet or illegally forwards
any film, music or literary works by P2P software, and the copyright owner discovers
such act and files a written complaint against him/her, the ISP may remove such
infringing information and forward the copyright owner's warning letter to the user
using that IP address. After three warnings are given, the ISP can suspend all
or part of the services to the Internet surfer. |
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When an Internet surfer is suspected of committing any infringement on the Internet
due to negligence, the Notice & Take Down procedure will provide the surfer
with an opportunity to examine his/her own conduct and avoid legal exposure. |
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With respect to protection of personal information and privacy of Internet surfers:
When the infringing information circulated by an Internet surfer is removed and
the Internet surfer does not request restoration of the removed information, the
ISP may not disclose the personal information of such Internet surfer to the right
owner. |
