Page:United States Statutes at Large Volume 112 Part 5.djvu/120

 112 STAT. 2878 PUBLIC LAW 105-304—OCT. 28, 1998 for infringement of copyright by reason of the provider's transmitting, routing, or providing connections for, material through a system or network controlled or operated by or for the service provider, or by reason of the intermediate and transient storage of that material in the course of such transmitting, routing, or providing connections, if— "(1) the transmission of the material was initiated by or at the direction of a person other than the service provider; "(2) the transmission, routing, provision of connections, or storage is carried out through an automatic technical process without selection of the material by the service provider; "(3) the service provider does not select the recipients of the material except as an automatic response to the request of another person; "(4) no copy of the material made by the service provider in the course of such intermediate or transient storage is maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients, and no such copy is maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and "(5) the material is transmitted through the system or network without modification of its content. " (b) SYSTEM CACHING. — "(1) LIMITATION ON LIABILITY. —A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the intermediate and temporary storage of material on a system or network controlled or operated by or for the service provider in a case in which— "(A) the material is made available online by a person other than the service provider; "(B) the material is transmitted from the person described in subparagraph (A) through the system or network to a person other than the person described in subparagraph (A) at the direction of that other person; and "(C) the storage is carried out through an automatic technical process for the purpose of making the material available to users of the system or network who, after the material is transmitted as described in subparagraph (B), request access to the material from the person described in subparagraph (A), if the conditions set forth in paragraph (2) are met. (2) CONDITIONS. — The conditions referred to in paragraph (1) are that— 1 "(A) the material described in paragraph (1) is ' transmitted to the subsequent users described in paragraph (1)(C) without modification to its content from the manner in which the material was transmitted from the person described in paragraph (1)(A); "(B) the service provider described in paragraph (1) complies with rules concerning the refreshing, reloading, or other updating of the material when specified by the person making the material available online in accordance

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