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SERVICE PROVIDER LIABILITY

Descriptions of Service Providers:  Discussion

Internet Service Provider (ISP)

An ISP generally provides Internet users (also known as subscribers) with dial-up access to the Internet. A user’s computer dials the ISP through a modem. This enables a user’s computer to communicate with other computers on the Internet. A user can then browse the World Wide Web, transfer files, and send and receive E-mail. ISPs usually provide E-mail accounts, which give a user the ability to send and receive E-mail. ISPs often host a news server, which enables the user to read and post to Usenet newsgroups. Postings to the newsgroups are stored on the ISP's system for a finite time. Users interested in viewing particular postings can read or download them from the ISP’s server. ISPs sometimes host World Wide Web sites. The sites usually contain information for subscribers such as account information, available services, technical support, and contact information. Access to these Web sites is usually open to anybody with access to the Web. These providers can be private/commercial (MindSpring, BellSouth.net, etc.) or public (universities).

Online Service Provider (OSP)

An OSP is a restricted subscription service and provides subscribers with dial-up access to their vast collections of content and the internet. A user’s computer dials the OSP with a modem. The subscriber’s computer is then capable of communicating with the OSP’s computers and computers on the Internet. A subscriber can then access the extensive content provided by the OSP, browse the World Wide Web, transfer files, and send and receive E-mail. OSPs restrict access to their extensive collections of content to their subscribers. Access to their services and content generally requires use of proprietary graphical user interface (GUI) software. OSP services include (but are not limited to) E-mail accounts, access to content, and World Wide Web hosting for members. Content offerings are extensive and may include online magazines, shopping services, securities tracking and trading services, industry and general news, weather services, educational resources, movie and entertainment reviews and services, software reviews and downloading, forums, chat rooms, bulletin boards, and technical support and customer service.

Bulletin Board Service (BBS)

An electronic bulletin board is similar to a bulletin board on the wall. People can read or view what is posted on the board and can post their own material. BBSs are accessed via direct modem connection or via the Internet. Many BBSs are accessed by modem and require the user to have a password, for which the user pays a subscription fee. BBSs are often set up for a particular topic or interest group. In addition to text messages, a user can post software and images to the BBS, which can then be downloaded by other users. BBSs are commonly used as a "place" to exchange ideas, information, and works in progress. It is this nature of the BBS which lends itself to abuse by people who would post copyrighted software, images, and text for others to download without paying royalties and/or license fees to the true owners.


Service Provider Liability Pages

IntroductionTable of Contents
Servcie Providers - Overview • Service Providers - Discussion • Liability Analogies - Overview • Liability Analogies - Discussion • Defamation - Overview • Defamation - Discussion • Intellectual Property - Overview • Intellectual Property - Discussion • Obscenity - Overview • Obscenity - Discussion • Criminal - Overview • Criminal Discussion • Privacy - Overview • Privacy - Discussion • Policy Discussion • Conclusion • Pocket Part • Notes & Links


Prepared for Professor Laura Gasaway's Cyberspace Law Seminar (Law - 357C)
UNC School of Law - Spring 1997

By:  Ashe Lockhart (Webmaster) & Carol Kozar

Instructor: Laura N. Gasaway, Professor of Law and Director of the Katherine R. Everett Law Library

Copyright © 1997 Ashe Lockhart & Carol Kozar