Our ISP liability regime is a mess
One of the things that bothers me about US Internet law and policy is the various definitions of “ISP” in law and policy (compare DMCA to CDA, e.g.). Even within the DMCA there is discrepancy. It will be interesting to see how this case impacts the ISP liability regime — interesting because of the facts (Star Trek, of course) but also because it’s a serious test of the limits on ISP liability. Not surprising that the eBay lawyers are nervous.
