§ 315 — Restriction of remedies if conditions met

315.—(1) The purpose of this Subdivision is to restrict the remedies available against a NCP or NSP for rights infringements arising from their activities, but only if certain conditions are met.(2) If a NCP commits a rights infringement to which section 316 (transmission, routing and providing connections) applies and satisfies the conditions for that section —(a)

the Court may only grant either or both of the following remedies against the NCP in respect of the rights infringement:(i)

an order requiring the NCP to take reasonable steps to disable access to an online location that is physically situated outside Singapore;

(ii)

an order requiring the NCP to terminate a specified account; and

(b)

to avoid doubt, the Court must not grant any other remedy (including a monetary remedy) against the NCP in respect of the rights infringement.

(3) If a NSP commits a rights infringement to which section 317, 318 or 319 (system caching, storage, and locating information) applies and satisfies the conditions for the applicable section —(a)

the Court may only grant one or more of the following remedies against the NSP in respect of the rights infringement:(i)

an order requiring the NSP to —(A)

remove an electronic copy (being an infringing copy) from the NSP’s primary network; or

(B)

disable access to an electronic copy (being an infringing copy) on the primary network or another network;

(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.

—(1) The purpose of this Subdivision is to restrict the remedies available against a NCP or NSP for rights infringements arising from their activities, but only if certain conditions are met.

(2) If a NCP commits a rights infringement to which section 316 (transmission, routing and providing connections) applies and satisfies the conditions for that section —(a)

the Court may only grant either or both of the following remedies against the NCP in respect of the rights infringement:(i)

an order requiring the NCP to take reasonable steps to disable access to an online location that is physically situated outside Singapore;

(ii)

an order requiring the NCP to terminate a specified account; and

(b)

to avoid doubt, the Court must not grant any other remedy (including a monetary remedy) against the NCP in respect of the rights infringement.

(3) If a NSP commits a rights infringement to which section 317, 318 or 319 (system caching, storage, and locating information) applies and satisfies the conditions for the applicable section —(a)

the Court may only grant one or more of the following remedies against the NSP in respect of the rights infringement:(i)

an order requiring the NSP to —(A)

remove an electronic copy (being an infringing copy) from the NSP’s primary network; or

(B)

disable access to an electronic copy (being an infringing copy) on the primary network or another network;

(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.