The safe harbor is not a tranquil body of water, but a section in the Digital Millennium Copyright Act (DMCA) that protects Internet Service Providers (ISPs). The ISP is an entity offering transmission, routing or providing connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received. 512 (A)
Or, an ISP is a provider of online services or network access or the operator of such facilities. 512 (B). The ISP is immune from liability for monetary, injunctive or equitable relief for copyright infringement for storage of such material at direction of user on its systems. 512 (c). However, the ISP must meet the following elements to acquire such immunity:
1) not have actual knowledge that the material or an activity using the material on the network is infringing;
2) is not aware of circumstances or facts from which the infringing activity is apparent; or
3) upon acquiring such knowledge or awareness, removes or disables access to the material;
4) does not receive a financial benefit directly attributable to the infringing activity, where the ISP has the right and ability to control such activity; and
5) upon notice of claimed infringement responds expeditiously to remove or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.