DMCA (cont.)

• Criminal offenses (§1204) willful and commercial advantage or private financial gain

  • Violations of §1201 or 1202
  • 1st offense – not more than $500,000 or imprisoned for more than 5 years or both
  • Subsequent offenses – not more than $1,000,000 or imprisoned for more than 10 years or both

• ISP limitation of liabilities

  • Transitory communications
  • System caching
  • Information residing on system at direction of users

LBA*

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