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Rh (2) The conditions for this section are—
 * (a) in case of the transmission of an electronic copy—the transmission is not initiated by or at the direction of the NCP;
 * (b) the act constituting the rights infringement is carried out through an automatic technical process and the NCP does not select the electronic copy;
 * (c) the NCP does not select the recipients of the electronic copy except as an automatic response to a request by another person;
 * (d) the NCP does not substantively modify the content of the electronic copy (apart from any modification made as part of a technical process) when the electronic copy is transmitted through the NCP’s primary network; and
 * (e) any condition as may be prescribed.

Conditions relating to infringement by system caching

317.—(1) This section applies where a NSP commits a rights infringement by making an electronic copy (called in this section the cached copy)—
 * (a) on the NSP’s primary network;
 * (b) from another electronic copy that is available on a network (called in this section the originating network);
 * (c) through an automatic process;
 * (d) in response to an action by a user of the NSP’s primary network; and
 * (e) to facilitate efficient access to the underlying work or protected performance (as the case may be) by that user or other users.

(2) The conditions for this section are—
 * (a) the NSP does not substantively modify the content of the cached copy (apart from any modification made as part of a