[hc87]

Take a look at the opinion for the exact reference (the link is in my first post), but I think it was Section 512 of the Act. My guess is that Napster can be distinguished because it was storing data on its server as opposed to Verizon, who is only transmitting data. Also, I wonder if Napster fell outside the safe harbor because it wasn't a true "telecommunications provider"?

I'm really not familiar with how Napster was set up, but I'm pretty sure it wasn't peer to peer. Is that right?

[rit]

The opinion does not define "telecommunication provider" or "safe harbor". Neither does the DMCA itself. This raises a question for P2P in general, as more home computers start to use voip and call initiation (such as redirect and follow-me). Napster, as I recall, provided catalog information, but not the actual files.