Als Scan, Incorporated v. Remarq Communities, Incorporated

OPINION

NIEMEYER, Circuit Judge:

We are presented with an issue of first impression — whether an Internet service provider enjoys a safe harbor from copyright infringement liability as provided by Title II of the Digital Millennium Copyright Act (“DMCA”) when it is put on notice of infringement activity on its system by an imperfect notice. Because we conclude that the service provider was provided with a notice of infringing activity that substantially complied with the Act, it may not rely on a claim of defective notice to maintain the immunity defense provided by the safe harbor.…