The ruling from the appeals court states (emphasis mine): Under § 512 (c)(1)(A), knowledge or awareness alone does not disqualify the service provider; rather, the provider that gains knowledge or awareness of infringing activity retains safe -
harbor protection if it «acts...
Not exact matches
If merely hosting user - contributed material capable of copyright
protection were enough to impute actual knowledge to a service provider, the section 512 (c) safe
harbor would be a dead letter because vast portions of content on the internet are eligible for copyright
protection.
If you have no knowledge and can't possibly have knowledge because the data is totally private, you should fall into the safe
harbor protection of 17 U.S. Code § 512 - Limitations on liability relating to material online.
The safe
harbor is widely viewed as a better
protection against litigation risk because
if a safe
harbor is met, the legal case ends there in an early stage.