Page:United States Statutes at Large Volume 112 Part 5.djvu/128

 112 STAT. 2886 PUBLIC LAW 105-304—OCT. 28, 1998 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. " (k) DEFINITIONS. — "(1) SERVICE PROVIDER. — (A) As used in subsection (a), the term 'service provider' means an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received. "(B) As used in this section, other than subsection (a), the term 'service provider' means a provider of online services or network access, or the operator of facilities therefor, and includes an entity described in subparagraph (A). "(2) MONETARY RELIEF.— As used in this sect-ion, the term 'monetary relief means damages, costs, attorneys' fees, and any other form of monetary payment. "(1) 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. "(m) PROTECTION OF PRIVACY. — Nothing in this section shall be construed to condition the applicability of subsections (a) through (d) on— "(1) 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 (i); or "(2) a service provider gaining access to, removing, or disabling access to material in cases in which such conduct is prohibited by law. "(n) CONSTRUCTION.—Subsections (a), (b), (c), and (d) describe separate and distinct functions for purposes of applying this section. Whether a service provider qualifies for the limitation on liability in any one of those subsections shall be based solely on the criteria in that subsection, and shall not affect a determination of whether that service provider qualifies for the limitations on liability under any other such subsection.". (b) CONFORMING AMENDMENT. —The table of sections for chapter 5 of title 17, United States Code, is amended by adding at the end the following: "512. Limitations on liability relating to material online.". 17 USC 512 note. SEC. 203. EFFECTIVE DATE. This title and the amendments made by this title shall take effect on the date of the enactment of this Act. TITLE III—COMPUTER MAINTENANCE OR REPAIR COPYRIGHT EXEMPTION Computer Maintenance Competition Assurance Act. 17 USC 101 note. SEC. 301. SHORT TITLE. This title may be cited as the "Computer Maintenance Competition Assurance Act".

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