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214
NO. 22 OF 2021


technical process) when the cached copy is transmitted to users of the NCP’s primary network or another network;
(b) if the NSP is served with a take-down notice that purports to be given by or on behalf of the rights owner of the cached copy—the NSP expeditiously takes reasonable steps to remove or disable access to the cached copy on its primary network; and
(c) any condition as may be prescribed, including conditions relating to—
(i) access to the cached copy by users of the NSP’s primary network or of another network;
(ii) refreshing, reloading or updating the cached copy; or
(iii) non-interference with technology used at the originating network to obtain information about the use of any electronic copies on the originating network, being technology that is consistent with industry standards in Singapore.

Conditions relating to infringement by storage

318.—(1) This section applies where a NSP commits a rights infringement by storing an electronic copy on its primary network (called in this section the stored copy) at the direction of a user of that network.

(2) The conditions for this section are—

(a) if the NSP has the right and the ability to control any rights infringements in relation to the stored copy—the NSP does not receive any financial benefit that is directly attributable to any of those rights infringements;
(b) if—
(i) the NSP knows that rights infringements have been committed in relation to the stored copy;
(ii) the NSP knows about facts or circumstances that would inevitably lead to the conclusion that rights