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The Online Copyright Infringement Liability Limitation Act (OCILLA) is United States federal law that creates a conditional safe harbor for online service providers (OSP) (a group which includes internet service providers (ISP)) and other Internet intermediaries by shielding them for their own acts of direct copyright infringement (when they make unauthorized copies) as well as shielding them from potential secondary liability for the infringing acts of others. OCILLA was passed as a part of the 1998 Digital Millennium Copyright Act (DMCA) and is sometimes referred to as the "Safe Harbor" provision or as "DMCA 512" because it added (Section 512 ) to Title 17 of the United States Code. By exempting Internet intermediaries from copyright infringement liability provided they follow certain rules, OCILLA attempts to strike a balance between the competing interests of copyright owners and digital users. ==Overview== The 1998 DMCA was the U.S. implementation of the 1996 WIPO Copyright Treaty (WCT) directive to “maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information”〔(1996 WIPO Copyright Treaty ) Text〕 when updating copyright norms for the digital age. In the context of Internet intermediaries, OCILLA attempts to strike this balance by immunizing OSP’s for copyright liability stemming from their own acts of direct copyright infringement (as primary infringers of copyright), as well as from the acts of their users (as secondary infringers of copyright), provided that OSP’s comply with two general requirements protecting the rights of authors. First, the OSP must “adopt and reasonably implement a policy”〔(17 U.S.C. § 512(i)(1)(A) )〕 of addressing and terminating accounts of users who are found to be “repeat infringers.”〔 Second, the OSP must accommodate and not interfere with “standard technical measures.”〔(17 U.S.C. § 512(i)(1)(B) )〕 OSPs may qualify for one or more of the Section 512 safe harbors under § 512(a)-(d), for immunity from copyright liability stemming from: transmitting,〔(17 U.S.C. § 512(a) )〕 caching,〔( 17 U.S.C. § 512(b) )〕 storing,〔(17 U.S.C. § 512(c) )〕 or linking 〔(17 U.S.C. § 512(d) )〕 to infringing material. An OSP who complies with the requirements for a given safe harbor is not liable for money damages, but may still be ordered by a court to perform specific actions such as disabling access to infringing material. In addition to the two general requirements listed above, all four safe harbors impose additional requirements for immunity. The safe harbor for storage of infringing material under § 512(c) is the most commonly encountered because it immunizes OSPs such as YouTube that might inadvertently host infringing material uploaded by users. Taken as a whole, OCILLA’s passage represented a victory for telecom and Internet related industry groups over powerful copyright interests who had wanted service providers to be held strictly liable for the acts of their users. However, copyright owners also obtained concessions. In addition to the general and specific preconditions on the created immunity, OCILLA requires OSP’s seeking an immunity to designate an agent to whom notices of copyright infringement can be sent,〔(17 U.S.C. § 512(C)(2) )〕 and to disclose information about those users who are allegedly infringers.〔(17 U.S.C. § 512(h)(5) )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Online Copyright Infringement Liability Limitation Act」の詳細全文を読む スポンサード リンク
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