(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-
(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 with a generally accepted industry standard data
communications protocol for the system or network through which that
person makes the material available, except that this subparagraph
applies only if those rules are not used by the person described in
paragraph (1)(A) to prevent or unreasonably impair the intermediate
storage to which this subsection applies;
(C) the service provider does not interfere with the ability of
technology associated with the material to return to the person
described in paragraph (1)(A) the information that would have been
available to that person if the material had been obtained by the
subsequent users described in paragraph (1)(C) directly from that
person, except that this subparagraph applies only if that technology-
(i) does not significantly interfere with the performance of the
provider's system or network or with the intermediate storage of the
material;
(ii) is consistent with generally accepted industry standard
communications protocols; and
(iii) does not extract information from the provider's system or network
other than the information that would have been available to the person
described in paragraph (1)(A) if the subsequent users had gained access
to the material directly from that person;
(D) if the person described in paragraph (1)(A) has in effect a
condition that a person must meet prior to having access to the
material, such as a condition based on payment of a fee or provision of
a password or other information, the service provider permits access to
the stored material in significant part only to users of its system or
network that have met those conditions and only in accordance with those
conditions; and
(E) if the person described in paragraph (1)(A) makes that material
available online without the authorization of the copyright owner of the
material, the service provider responds expeditiously to remove, or
disable access to, the material that is claimed to be infringing upon
notification of claimed infringement as described in subsection (c)(3),
except that this subparagraph applies only if-
(i) the material has previously been removed from the originating site
or access to it has been disabled, or a court has ordered that the
material be removed from the originating site or that access to the
material on the originating site be disabled; and
(ii) the party giving the notification includes in the notification a
statement confirming that the material has been removed from the
originating site or access to it has been disabled or that a court has
ordered that the material be removed from the originating site or that
access to the material on the originating site be disabled.
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