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dublinben · 4680 days ago · link · · parent · post: Op-ed: Imminent "six strikes" Copyright Alert System needs antitrust scrutiny | Arstechnica
A business operating an open hotspot could surely claim safe harbors immunity as a service provider under both the DMCA and the CDA, Section 230. I can easily see large companies like McDonalds and AT&T (provider for Starbucks) going to bat over this.
I have to wonder if they would be able to be classified as service providers. I definitely think they would go to bat though. Also, as the article points out, this framework sidesteps the courts completely. It's an agreement between ISPs and content providers. As I read it, DCMA isn't recognized here (probably one of the reasons the author argues that this agreement should be looked at from an antitrust perspective).