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Notably, this portion of Section 4 applies to all cases where a single return is received, regardless of whether the safe harbor under Section 2 (3 U.S.C. § 5) applies or not. Since safe harbor determinations are supposed to be "conclusive," there is some tension between the provisions since Section 4 still allows for Congress to reject a ...
The other subsections create a conditional safe harbor for infringing material that resides on a system controlled by the OSP. For material that was temporarily stored in the course of network communications, this subsection's safe harbor additionally applies even for networks not under the OSP's control.
The safe harbor provision cannot be used as a premise for liability, because not meeting the safe harbor provision is not by itself sufficient for liability. [12] The only affirmative cause of action in 17 U.S.C. § 512 is 512(f) which permits a claim for knowingly materially misrepresenting that a work is infringing. [ 2 ]
The Court ruled 5–4 that no constitutionally valid recount could be completed by a December 12 "safe harbor" deadline. The Court asserted that "the Supreme Court of Florida has said that the legislature intended the State's electors to 'participat[e] fully in the federal electoral process,' as provided in 3 U.S.C. § 5." The Court therefore ...
The district court had rejected the § 512(c) safe harbor for Fung for the same reason it had rejected the protection for the § 512(a) safe harbor. However, the circuit court maintained that the § 512(c) safe harbor covered not only the storage of the infringing content, but also the infringing activities that use the content on the system or ...
Safe harbor provisions appear in a number of laws and in many contracts. An example of safe harbor in a real estate transaction is the performance of a Phase I Environmental Site Assessment by a property purchaser: creating a "safe harbor" protecting the new owner if, in the future, contamination caused by a prior owner is found. Another common ...
US government. Archived from the original on April 5, 2015. US-EU Safe Harbor list, US Federal Trade Commission, n.d., retrieved 30 October 2015; An open data project listing Safe Harbor companies collected from the FTC site, even obsoletes, which are overwritten on the FTC site, allowing to track how submissions evolve over time.
Despite its victory in Pacifica, the FCC at first used its new safe harbor regulatory powers sparingly. In the 1990s, however, the FCC ramped up sanctions for indecent broadcasts. By the early 2000s, the Commission began to levy more sanctions with higher dollar amounts–with fines of up to $500,000 for some offenses. [19]