made by the service provider in the course
of such intermediate or transient storage is maintained on the system or
network in a manner ordinarily accessible to anyone other than
anticipated recipients, and no such copy is maintained on the system or
network in a manner ordinarily accessible to such anticipated recipients
for a longer period than is reasonably necessary for the transmission,
routing, or provision of connections; and
(5) the material is transmitted through the system or network without
modification of its content.
(b) System Caching.
(1) Limitation on Liability. A service provider shall not be liable for
monetary relief, or, except as provided in subsection (j), for
injunctive or other equitable relief, for infringement of copyright by
reason of the intermediate and temporary storage of material on a system
or network controlled or operated by or for the service provider in a
case in which-
(A) the material is made available online by a person other than the
service provider;
(B) the material is transmitted from the person described in
subparagraph (A) through the system or network to a person other than
the person described in subparagraph (A) at the direction of that other
person; and
(C) the storage is carried out through an automatic technical process
for the purpose of making the material available to users of the system
or network who, after the material is transmitted as described in
subparagraph (B), request access to the material from the person
described in subparagraph (A), if the conditions set forth in paragraph
(2) are met.
(2) Conditions. The conditions referred to in paragraph (1) are that-
(A) the material described in paragraph (1) is transmitted to the
subsequent users described in paragraph (1)(C) without modification to
its content from the manner in which the material was transmitted from
the person described in paragraph (1)(A);
(B) the service provider described in paragraph (1) complies with rules
concerning the refreshing, reloading, or other updating of the material
when specified by the person making the material available online in
accordance with a generally accepted industry standard data
communications protocol for the system or network through which that
person makes the material available, except that this subparagraph
applies only if those rules are not used by the person described in
paragraph (1)(A) to prevent or unreasonably impair the interme
|