(i) Conditions for Eligibility.
(1) Accommodation of Technology. The limitations on liability
established by this section shall apply to a service provider only if
the service provider-
(A) has adopted and reasonably implemented, and informs subscribers and
account holders of the service provider's system or network of, a policy
that provides for the termination in appropriate circumstances of
subscribers and account holders of the service provider's system or
network who are repeat infringers; and
(B) accommodates and does not interfere with standard technical
measures.
(2) Definition. As used in this subsection, the term "standard technical
measures" means technical measures that are used by copyright owners to
identify or protect copyrighted works and-
(A) have been developed pursuant to a broad consensus of copyright
owners and service providers in an open, fair, voluntary, multi-industry
standards process;
(B) are available to any person on reasonable and nondiscriminatory
terms; and
(C) do not impose substantial costs on service providers or substantial
burdens on their systems or networks.
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