Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/323

Appendix O. Selected Provisions from Copyright Act  the magnitude of the harm likely to be suffered by the copyright owner in the digital network environment if steps are not taken to prevent or restrain the infringement; whether implementation of such an injunction would be technically feasible and effective, and would not interfere with access to noninfringing material at other online locations; and whether other less burdensome and comparably effective means of preventing or restraining access to the infringing material are available. Notice and ex parte orders.—Injunctive relief under this subsection shall be available only after notice to the service provider and an opportunity for the service provider to appear are provided, except for orders ensuring the preservation of evidence or other orders having no material adverse effect on the operation of the service provider’s communications network.</li> <li>Definitions.—</li> <li>Other Defenses Not Affected.—The failure of a service provider’s conduct to qualify for limitation of liability under this section shall not bear adversely upon the consideration of a defense by the service provider that the service provider’s conduct is not infringing under this title or any other defense.</li> <li>Protection of Privacy.—Nothing in this section shall be construed to condition the applicability of subsections (a) through (d) on—<ol> <li>a service provider monitoring its service or affirmatively seeking facts indicating infringing activity, except to the extent consistent with a standard technical measure complying with the provisions of subsection (1); or</li> </ol></li></ol>