Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/135

Chapter Six. Digital Information and Software transmitted, and also for any intermediate and transient copies that are made automatically during regular network operations.

The key is passivity, and several things must (or must not) take place: (1) the service provider does not initiate the transmission; (2) the transmission, routing, connecting, or copying is automatic (that is, the service provider did not select the materials transmitted); (3) the service provider does not determine who receives the materials transmitted: (4) intermediate copies are accessible only to anticipated recipients of the transmission; (5) the service provider does not retain the materials transmitted: and (6) the service provider does not modify the materials that are transmitted.

System Caching (Section 512(b))

System caching is an automatic process that stores data from other networks temporarily on the service provider’s system so that data need not be retrieved over and over again from the original source. Caching, which technically involves making a copy, saves bandwidth. Section 512(b) provides some protections for a service provider if (1) the caching process is automatic; (2) the content of the data was not modified; (3) the data is refreshed with more current materials according to industry standards; (4) the service provider does not interfere with “hit” information (which is used for advertising revenue); and (5) the service provider limits or blocks access to the data when the original poster uses access control devices, such as passwords.

Information Residing on Systems or Networks at the Direction of Users (Section 512(c))