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- (ii) an order requiring the NSP to terminate a specified account;
- (iii) if necessary, some other less burdensome but comparatively effective non-monetary order; and
- (b) to avoid doubt, the Court must not grant any remedy (including a monetary remedy) against the NSP in respect of the rights infringement.
(4) In deciding whether to make an order under subsection (2)(a) or (3)(a), and what order to make, the Court must consider all relevant matters, including—
- (a) the harm that is or may foreseeably be caused to the claimant;
- (b) the burden that the making of the order will place on the NCP or NSP;
- (c) the technical feasibility of complying with the order;
- (d) the effectiveness of the order;
- (e) any possible adverse effect on the business or operations of the NCP or NSP; and
- (f) whether some other comparably effective order would be less burdensome.
(5) In this section, “monetary remedy” means damages, an account of profits or statutory damages.
Conditions relating to infringement by transmission, routing or providing connections
316.—(1) This section applies where a NCP commits a rights infringement by—
- (a) transmitting or routing, or providing connections for, an electronic copy through the NCP’s primary network; or
- (b) any temporary storage of an electronic copy in the course of doing an act under paragraph (a).
