COPYRIGHT
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(2) The conditions for this section are—
- (a) in case of the transmission of an electronic copy—the transmission is not initiated by or at the direction of the NCP;
- (b) the act constituting the rights infringement is carried out through an automatic technical process and the NCP does not select the electronic copy;
- (c) the NCP does not select the recipients of the electronic copy except as an automatic response to a request by another person;
- (d) the NCP does not substantively modify the content of the electronic copy (apart from any modification made as part of a technical process) when the electronic copy is transmitted through the NCP’s primary network; and
- (e) any condition as may be prescribed.
Conditions relating to infringement by system caching
317.—(1) This section applies where a NSP commits a rights infringement by making an electronic copy (called in this section the cached copy)—
- (a) on the NSP’s primary network;
- (b) from another electronic copy that is available on a network (called in this section the originating network);
- (c) through an automatic process;
- (d) in response to an action by a user of the NSP’s primary network; and
- (e) to facilitate efficient access to the underlying work or protected performance (as the case may be) by that user or other users.
(2) The conditions for this section are—
- (a) the NSP does not substantively modify the content of the cached copy (apart from any modification made as part of a
