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- infringements have been committed in relation to the stored copy; or
- (iii) the NSP is served with a take-down notice that purports to be given by or on behalf of the rights owner of the stored copy,
- the NSP expeditiously takes reasonable steps to remove or disable access to the stored copy;
- (c) the NSP has—
- (i) designated a representative to receive take-down notices under paragraph (b)(iii); and
- (ii) published, in the prescribed manner, the prescribed information about the designated representative; and
- (d) any condition as may be prescribed.
(3) In deciding whether a financial benefit is directly attributable to a rights infringement for the purposes of subsection (2)(a), all relevant matters must be considered, including—
- (a) industry practice in relation to the charging for services by NSPs; and
- (b) whether the financial benefit is greater than the benefit that would usually result from charging in accordance with accepted industry practices.
(4) In deciding whether a NSP knows about the matters in subsection (2)(b)(i) or (ii), the following notices must be ignored:
- (a) a notice that purports to be given by or on behalf of the rights owner of the stored copy (other than a take-down notice under subsection (2)(b)(iii));
- (b) a notice by the rights owner of the stored copy under section 326(2)(b) (intention to apply for access disabling order).
