I don&#x27;t recall ISPs being sued [and found liable] before the DMCA. That seems akin to the phone company being sued for someone singing happy birthday over their lines.<p>IMHO being thankful for &quot;safe harbor&quot; seems more like a post-rationalization than anything else. If poor definitions meant common carriers weren&#x27;t actually exempt, then that <i>could</i> have been resolved with straightforward clarification instead of an unnecessary &quot;compromise&quot;.