§ 316 — Conditions relating to infringement by transmission, routing or providing connections

316.—(1) This section applies where a NCP commits a rights infringement by —(a)

transmitting or routing, or providing connections for, an electronic copy through the NCP’s primary network; or

(b)

any temporary storage of an electronic copy in the course of doing an act under paragraph (a).

(2) The conditions for this section are —(a)

in the case of a 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.

—(1) This section applies where a NCP commits a rights infringement by —(a)

transmitting or routing, or providing connections for, an electronic copy through the NCP’s primary network; or

(b)

any temporary storage of an electronic copy in the course of doing an act under paragraph (a).

(2) The conditions for this section are —(a)

in the case of a 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.