The question of whether Internet service providers (ISPs) should be held liable for the actions of network users is unresolved. As to copyright, however, ISPs remain liable, in all territories, as primary, direct infringers of copyright for the copies they make on behalf of their customers, so the issue of additional secondary liability is less significant. An ISP's direct liability arises from the ISP's own actions, not the actions of another party. The confusion arises from the fact that two parties are directly liable in the usual case of internet infringement: the ISP and the ISP's customer. In legal terms, they are joint tortfeasors. This is because they both independently commit all of the acts necessary to establish liability under the copyright laws of most jurisdictions. In situations truly involving secondary liability, the party whose secondary liability is claimed has at least not committed one element required for an infringement action. This situation is not present in the usual ISP situation, as the ISP is always in the position of making copies (without authorization of the rights owner), so it is irrelevant that someone else has infringed the same copyright earlier in time. The ISP's liability is direct, not derivative. It is based on the ISP's own actions, not on someone else's.