business days; and (iii) replace the removed material and cease disabling access to it not less than
ten, nor more than fourteen, business days following receipt of the counter notification, unless
the Service Provider receives notice from the person submitting the safe harbor notice that such
person has filed an action seeking a court order to restrain the subscriber from engaging in
infringing activity relating to the material on the Service Provider’s system.
As described in more detail in Section II.G.6(h) above, Section 512(h) sets up a
procedure through which a copyright owner may obtain an order through a United States district
court directing the Service Provider to release the identity of an alleged direct infringer acting
through the Service Provider’s system or network.
Under Section 512(l), failure of a Service Provider to fit into one of the safe harbors does
not affect the Service Provider’s claim that its conduct is nonetheless noninfringing, or any other
defense.
Finally, Section 512(m) clarifies that the safe harbors are not conditioned upon a
requirement that the Service Provider monitor its system for infringements, or access, remove or
disable access to material where such conduct is prohibited by law (for example, by the
Electronic Communications Privacy Act).
(6) Injunctions Against Service ProvidersUnder Section 512(j), if a Service Provider is subject to injunctive relief other than under
the first safe harbor, courts are limited to injunctions that restrain the Service Provider from
providing access to infringing material at particular online sites on its service, that restrain it
from providing services to a subscriber engaging in infringing activity by terminating the
subscriber, or that otherwise are “necessary to prevent or restrain infringement of specified
copyrighted material at a particular online location, if such relief is the least burdensome to the
service provider among the forms of relief comparably effective for that purpose.” If the Service
Provider is subject to injunctive relief under the first safe harbor, then courts are limited to
injunctions that restrain the Service Provider from providing access to a subscriber engaging in
infringing activity by terminating the subscriber or by taking reasonable steps specified in the
order to block access to a specific, identified, online location outside the United States.
(7) Designation of Agent to Receive Notification of Claimed
Infringement
To take advantage of the third safe harbor for innocent storage of infringing information,
Section 512(c)(2) requires a Service Provider to designate an agent to receive notifications of
claimed infringement by providing contact information for that agent to the Copyright Office and
through the Service Provider’s publicly accessible website. Section 512(c)(2) requires the
Copyright Office to maintain a current directory of designated agents and to make the listing
available to the public.