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| Chilling Effects Clearinghouse > DMCA Safe Harbor > Frequently Asked Questions > Does a service provider have to follow the safe ha...? | 
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| Question: Does a service provider have to follow the safe harbor procedures? Answer: No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued. Maintained by Samuelson Law, Technology and Public Policy Clinic |
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