What can cable operators and networks that own copyrighted material do to ensure that a Nepster-type situation does not happen within their industry?
Some cable operators own content, but operators, generally speaking, are conduits for content. Obviously, if you're a cable operator that owns content, you have a strong interest in the DMCA [Digital Millennium Copyright Act]. The real issue is to the extent that a cable operator would be functioning like a Napster and somehow permitting and abetting infringement; then the cable operator itself might be liable. Where the cable operator is just supplying signals, they don't have any direct liability, but where they are …
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