A copy of
a work to which access has been gained under this paragraph-
(A) may not be retained longer than necessary to make such good faith
determination; and
(B) may not be used for any other purpose.
(2) The exemption made available under paragraph (1) shall only apply
with respect to a work when an identical copy of that work is not
reasonably available in another form.
(3) A nonprofit library, archives, or educational institution that
willfully for the purpose of commercial advantage or financial gain
violates paragraph (1)-
(A) shall, for the first offense, be subject to the civil remedies under
section 1203; and
(B) shall, for repeated or subsequent offenses, in addition to the civil
remedies under section 1203, forfeit the exemption provided under
paragraph (1).
(4) This subsection may not be used as a defense to a claim under
subsection (a)(2) or (b), nor may this subsection permit a nonprofit
library, archives, or educational institution to manufacture, import,
offer to the public, provide, or otherwise traffic in any technology,
product, service, component, or part thereof, which circumvents a
technological measure.
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