Title II of the Act limits an online service provider’s ("OSP") liability for copyright infringement in several important situations. Because the term "service provider" is defined extremely broadly in some instances - "a provider of online services or network access, or the operator of facilities therefor"³³ - many entities which are not in the business of providing online services may nonetheless take advantage of Title II’s protection.³⁴

The exemptions from liability that the DMCA creates are additional to any defense that an OSP might have under copyright law or any other law.³⁵ In essence, the Act creates certain "safe harbors" for specified OSP activity. If an activity falls within the safe harbor, then the OSP qualifies for the exemption from liability; if the activity does not come within the safe harbor, then the questions of whether the activity in fact constitutes infringement and whether the OSP has any defense are to be decided under traditional copyright analysis. In addition, whether an OSP qualifies for any particular exemption is determined independently of whether the OSP qualifies for any other exemption.³⁶