[rit]

Do you have a reference to the definition of "telecommunications provider" with respect to the DMCA? I remember that Napster could not claim "safe harbor" protection.

[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?