Page:United States Statutes at Large Volume 112 Part 5.djvu/127

 PUBLIC LAW 105-304—OCT. 28, 1998 112 STAT. 2885 "(1) SCOPE OF RELIEF. —(A) With respect to conduct other than that which quaUfies for the Hmitation on remedies set forth in subsection (a), the court may grant injunctive relief with respect to a service provider only in one or more of the following forms: "(i) An order restraining the service provider from providing access to infringing material or activity residing at a particular online site on the provider's system or network. "(ii) An order restraining the service provider from providing access to a subscriber or account holder of the service provider's system or network who is engaging in infringing activity and is identified in the order, by terminating the accounts of the subscriber or account holder that are specified in the order. "(iii) Such other injunctive relief as the court may consider necessary to prevent or restrain infringement of copyrighted material specified in the order of the court at a particular online location, if such relief is the least burdensome to the service provider among the forms of relief comparably effective for that purpose. "(B) If the service provider qualifies for the limitation on remedies described in subsection (a), the court may only grant injunctive relief in one or both of the following forms: "(i) An order restraining the service provider from providing access to a subscriber or account holder of the service provider's system or network who is using the provider's service to engage in infringing activity and is identified in the order, by terminating the accounts of the subscriber or account holder that are specified in the order. "(ii) An order restraining the service provider from providing access, by taking reasonable steps specified in the order to block access, to a specific, identified, online location outside the United States. "(2) CONSIDERATIONS.— The court, in considering the rel- Courts, evant criteria for injunctive relief under applicable law, shall consider— "(A) whether such an injunction, either alone or in combination with other such injunctions issued against the same service provider under this subsection, would significantly burden either the provider or the operation of the provider's system or network; "(B) 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; "(C) 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 "(D) whether other less burdensome and comparably effective means of preventing or restraining access to the infringing material are available. "(3) 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

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