ence of any "significant probative evidence tending to support the complaint." First Nat'l Bank v. Cities Serv. Co., 391 U.S. 253, 290, 20 L. Ed. 2d 569, 88 S. Ct. 1575 (1968). The court does not make credibility determinations in considering a motion for summary judgment. See Anderson, 477 U.S. at 249. Rather, it views the inferences drawn from the facts in the light most favorable to the party opposing the motion. See T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass'n, 809 F.2d 626, 631 (9th Cir. 1987). DISCUSSION Section 512 of the DMCA addresses the liability of online service and Internet access providers for copyright infringements occurring online. Subsection 512(a) exempts qualifying service providers from monetary liability for direct, vicarious, and contributory infringement and limits injunctive relief to the degree specified in subparagraph 512(j)(1)(B). Interpretation of subsection 512(a), or indeed any of the section 512 safe harbors, appears to be an issue of first impression. n3 - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - - n3 In Universal City Studios, Inc. v. Reimerdes,82 F. Supp. 2d 211, 217 & n.17 (S.D.N.Y. 2000), one defendant sought protection under subsection 512(c). Although the court noted in passing that the defendant offered no evidence that he was a service provider under subsection 512(c), it held that he could not invoke the safe harbor because plaintiffs claimed violations of 17 U.S.C. section 1201(a), which applies to circumvention products and technologies, rather than copy right infringement. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - [*9] Napster claims that its business activities fall within the safe harbor provided by subsection 512(a). This subsection limits liability "for infringement of copyright by reason of the [service] provider's transmitting, routing, or providing connections for, material through a system ...
