Beware of Killer Apps: Platform Provider Liability for Third-Party Apps (and the Availability of Online Safe Harbors)

摘要

The providers of platforms on which third-party apps are uploaded and downloaded should be aware of the potential liability and safe harbors for third-party content. Most will minimize their risk through developer agreements and careful screening, but none can anticipate the full range of uses and content that may appear on apps or prevent plaintiffs from asserting claims based on such third-party content. Providers may be eligible for protection from copyright liability under § 512(c) of the DMCA, at least as to apps that provide online services and that exist on their system "at the direction of a user" rather than as a product of their own creative involvement, if they follow the various notice and takedown procedures that the regime requires.