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Charles R. Macedo, an attorney with Amster, Rothstein & Ebenstein LLP, in New York, told BNA that the Tiffany decision, provided it withstands Second Circuit review, carved out a safe harbor protecting online service providers from contributory infringement liability.
"Without specific notice of a particular infringement, service providers have no general duty to take down infringing content," he said. "If they remove infringing content after receiving notice of infringement, they arguably fall within the safe harbor and cannot be held liable."
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