Torrent trackers
- Thread starter KiritoXxS
- Start date
<.< let me ask you this....do you know anything that is legal? XD , there are thousand torrent websites one more wont destroy the universe
This is VERY Illegal
-H.R.2265--
H.R.2265
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To amend the provisions of titles 17 and 18, United States Code, to provide greater copyright protection by amending criminal copyright infringement provisions, and for other purposes.
SECTION 1. SHORT TITLE.
SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS.
SEC. 3. INFRINGEMENT BY UNITED STATES.
Vice President of the United States and
President of the Senate.
H.R.2265
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To amend the provisions of titles 17 and 18, United States Code, to provide greater copyright protection by amending criminal copyright infringement provisions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `No Electronic Theft (NET) Act'.
SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS.
(a) DEFINITION OF FINANCIAL GAIN- Section 101 of title 17, United States Code, is amended by inserting after the undesignated paragraph relating to the term `display', the following new paragraph:
`The term `financial gain' includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works.'.
(b) CRIMINAL OFFENSES- Section 506(a) of title 17, United States Code, is amended to read as follows:
`(a) CRIMINAL INFRINGEMENT- Any person who infringes a copyright willfully either--
`(1) for purposes of commercial advantage or private financial gain, or
`(2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000,
shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.'.
(c) LIMITATION ON CRIMINAL PROCEEDINGS- Section 507(a) of title 17, United States Code, is amended by striking `three' and inserting `5'.
(d) CRIMINAL INFRINGEMENT OF A COPYRIGHT- Section 2319 of title 18, United States Code, is amended--
(1) in subsection (a), by striking `subsection (b)' and inserting `subsections (b) and (c)';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking `subsection (a) of this section' and inserting `section 506(a)(1) of title 17'; and
(B) in paragraph (1)--
(i) by inserting `including by electronic means,' after `if the offense consists of the reproduction or distribution,'; and
(ii) by striking `with a retail value of more than $2,500' and inserting `which have a total retail value of more than $2,500'; and
(3) by redesignating subsection (c) as subsection (e) and inserting after subsection (b) the following:
`(c) Any person who commits an offense under section 506(a)(2) of title 17, United States Code--
`(1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more;
`(2) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and
`(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000.
`(d)(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
`(2) Persons permitted to submit victim impact statements shall include--
`(A) producers and sellers of legitimate works affected by conduct involved in the offense;
`(B) holders of intellectual property rights in such works; and
`(C) the legal representatives of such producers, sellers, and holders.'.
(e) UNAUTHORIZED FIXATION AND TRAFFICKING OF LIVE MUSICAL PERFORMANCES- Section 2319A of title 18, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
`(d) VICTIM IMPACT STATEMENT- (1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
`(2) Persons permitted to submit victim impact statements shall include--
`(A) producers and sellers of legitimate works affected by conduct involved in the offense;
`(B) holders of intellectual property rights in such works; and
`(C) the legal representatives of such producers, sellers, and holders.'.
(f) TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES- Section 2320 of title 18, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
`(d)(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
`(2) Persons permitted to submit victim impact statements shall include--
`(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense;
`(B) holders of intellectual property rights in such goods or services; and
`(C) the legal representatives of such producers, sellers, and holders.'.
(g) DIRECTIVE TO SENTENCING COMMISSION- (1) Under the authority of the Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987) and section 21 of the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 1271; 18 U.S.C. 994 note) (including the authority to amend the sentencing guidelines and policy statements), the United States Sentencing Commission shall ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property (including offenses set forth at section 506(a) of title 17, United States Code, and sections 2319, 2319A, and 2320 of title 18, United States Code) is sufficiently stringent to deter such a crime and to adequately reflect the additional considerations set forth in paragraph (2) of this subsection.
(2) In implementing paragraph (1), the Sentencing Commission shall ensure that the guidelines provide for consideration of the retail value and quantity of the items with respect to which the crime against intellectual property was committed.
SEC. 3. INFRINGEMENT BY UNITED STATES.
Section 1498(b) of title 28, United States Code, is amended by striking `remedy of the owner of such copyright shall be by action' and inserting `action which may be brought for such infringement shall be an action by the copyright owner'.
Vice President of the United States and
President of the Senate.
I) an applicable government regulation
relating to transmission of information in a digital
signal;
‘‘(II) an applicable industry-wide standard
relating to the transmission of information in a
digital signal that was adopted by a voluntary
consensus standards body prior to the effective
date of this chapter; or
‘‘(III) an applicable industry-wide standard
relating to the transmission of information in a
digital signal that was adopted in a voluntary,
consensus standards-setting process open to
participation by a representative cross-section of
broadcast stations or cable systems and copyright
owners of a category of works that are intended
for public performance by such stations or systems.
‘‘(3) DEFINITIONS.—As used in this subsection—
‘‘(A) the term ‘broadcast station’ has the meaning given
that term in section 3 of the Communications Act of 1934
(47 U.S.C. 153); and
‘‘(B) the term ‘cable system’ has the meaning given
that term in section 602 of the Communications Act of
1934 (47 U.S.C. 522).
‘‘§ 1203. Civil remedies
‘‘(a) CIVIL ACTIONS.—Any person injured by a violation of
section 1201 or 1202 may bring a civil action in an appropriate
United States district court for such violation.
‘‘(b) POWERS OF THE COURT.—In an action brought under
subsection (a), the court—
PUBLIC LAW 105–304—OCT. 28, 1998 112 STAT. 2875
‘‘(1) may grant temporary and permanent injunctions on
such terms as it deems reasonable to prevent or restrain a
violation, but in no event shall impose a prior restraint on
free speech or the press protected under the 1st amendment
to the Constitution;
‘‘(2) at any time while an action is pending, may order
the impounding, on such terms as it deems reasonable, of
any device or product that is in the custody or control of
the alleged violator and that the court has reasonable cause
to believe was involved in a violation;
‘‘(3) may award damages under subsection (c);
‘‘(4) in its discretion may allow the recovery of costs by
or against any party other than the United States or an officer
thereof;
‘‘(5) in its discretion may award reasonable attorney’s fees
to the prevailing party; and
‘‘(6) may, as part of a final judgment or decree finding
a violation, order the remedial modification or the destruction
of any device or product involved in the violation that is in
the custody or control of the violator or has been impounded
under paragraph (2).
‘‘(c) AWARD OF DAMAGES.—
‘‘(1) IN GENERAL.—Except as otherwise provided in this
title, a person committing a violation of section 1201 or 1202
is liable for either—
‘‘(A) the actual damages and any additional profits
of the violator, as provided in paragraph (2), or
‘‘(B) statutory damages, as provided in paragraph (3).
‘‘(2) ACTUAL DAMAGES.—The court shall award to the
complaining party the actual damages suffered by the party
as a result of the violation, and any profits of the violator
that are attributable to the violation and are not taken into
account in computing the actual damages, if the complaining
party elects such damages at any time before final judgment
is entered.
‘‘(3) STATUTORY DAMAGES.—(A) At any time before final
judgment is entered, a complaining party may elect to recover
an award of statutory damages for each violation of section
1201 in the sum of not less than $200 or more than $2,500
per act of circumvention, device, product, component, offer,
or performance of service, as the court considers just.
‘‘(B) At any time before final judgment is entered, a
complaining party may elect to recover an award of statutory
damages for each violation of section 1202 in the sum of not
less than $2,500 or more than $25,000.
‘‘(4) REPEATED VIOLATIONS.—In any case in which the
injured party sustains the burden of proving, and the court
finds, that a person has violated section 1201 or 1202 within
3 years after a final judgment was entered against the person
for another such violation, the court may increase the award
of damages up to triple the amount that would otherwise be
awarded, as the court considers just.
‘‘(5) INNOCENT VIOLATIONS.—
‘‘(A) IN GENERAL.—The court in its discretion may
reduce or remit the total award of damages in any case
in which the violator sustains the burden of proving, and
112 STAT. 2876 PUBLIC LAW 105–304—OCT. 28, 1998
the court finds, that the violator was not aware and had
no reason to believe that its acts constituted a violation.
‘‘(B) NONPROFIT LIBRARY, ARCHIVES, OR EDUCATIONAL
INSTITUTIONS.—In the case of a nonprofit library, archives,
or educational institution, the court shall remit damages
in any case in which the library, archives, or educational
institution sustains the burden of proving, and the court
finds, that the library, archives, or educational institution
was not aware and had no reason to believe that its acts
constituted a violation.
‘‘§ 1204. Criminal offenses and penalties
‘‘(a) IN GENERAL.—Any person who violates section 1201 or
1202 willfully and for purposes of commercial advantage or private
financial gain—
‘‘(1) shall be fined not more than $500,000 or imprisoned
for not more than 5 years, or both, for the first offense; and
‘‘(2) shall be fined not more than $1,000,000 or imprisoned
for not more than 10 years, or both, for any subsequent offense.
‘‘(b) LIMITATION FOR NONPROFIT LIBRARY, ARCHIVES, OR EDUCATIONAL
INSTITUTION.—Subsection (a) shall not apply to a nonprofit
library, archives, or educational institution.
‘‘(c) STATUTE OF LIMITATIONS.—No criminal proceeding shall
be brought under this section unless such proceeding is commenced
within 5 years after the cause of action arose.
‘‘§ 1205. Savings clause
‘‘Nothing in this chapter abrogates, diminishes, or weakens
the provisions of, nor provides any defense or element of mitigation
in a criminal prosecution or civil action under, any Federal or
State law that prevents the violation of the privacy of an individual
in connection with the individual’s use of the Internet.’’.
(b) CONFORMING AMENDMENT.—The table of chapters for title
17, United States Code, is amended by adding after the item relating
to chapter 11 the following:
‘‘12. Copyright Protection and Management Systems ............................... 1201’’.
SEC. 104. EVALUATION OF IMPACT OF COPYRIGHT LAW AND AMENDMENTS
ON ELECTRONIC COMMERCE AND TECHNOLOGICAL
DEVELOPMENT.
(a) EVALUATION BY THE REGISTER OF COPYRIGHTS AND THE
ASSISTANT SECRETARY FOR COMMUNICATIONS AND INFORMATION.—
The Register of Copyrights and the Assistant Secretary for Communications
and Information of the Department of Commerce shall
jointly evaluate—
(1) the effects of the amendments made by this title and
the development of electronic commerce and associated technology
on the operation of sections 109 and 117 of title 17,
United States Code; and
(2) the relationship between existing and emergent technology
and the operation of sections 109 and 117 of title 17,
United States Code.
(b) REPORT TO CONGRESS.—The Register of Copyrights and
the Assistant Secretary for Communications and Information of
the Department of Commerce shall, not later than 24 months after
the date of the enactment of this Act, submit to the Congress
a joint report on the evaluation conducted under subsection (a),
Deadline.
17 USC 109 note.
PUBLIC LAW 105–304—OCT. 28, 1998 112 STAT. 2877
including any legislative recommendations the Register and the
Assistant Secretary may have.
SEC. 105. EFFECTIVE DATE.
(a) IN GENERAL.—Except as otherwise provided in this title,
this title and the amendments made by this title shall take effect
on the date of the enactment of this Act.
(b) AMENDMENTS RELATING TO CERTAIN INTERNATIONAL AGREEMENTS.—(1)
The following shall take effect upon the entry into
force of the WIPO Copyright Treaty with respect to the United
States:
(A) Paragraph (5) of the definition of ‘‘international agreement’’
contained in section 101 of title 17, United States Code,
as amended by section 102(a)(4) of this Act.
(B) The amendment made by section 102(a)(6) of this Act.
(C) Subparagraph (C) of section 104A(h)(1) of title 17,
United States Code, as amended by section 102(c)(1) of this
Act.
(D) Subparagraph (C) of section 104A(h)(3) of title 17,
United States Code, as amended by section 102(c)(2) of this
Act.
(2) The following shall take effect upon the entry into force
of the WIPO Performances and Phonograms Treaty with respect
to the United States:
(A) Paragraph (6) of the definition of ‘‘international agreement’’
contained in section 101 of title 17, United States Code,
as amended by section 102(a)(4) of this Act.
(B) The amendment made by section 102(a)(7) of this Act.
(C) The amendment made by section 102(b)(2) of this Act.
(D) Subparagraph (D) of section 104A(h)(1) of title 17,
United States Code, as amended by section 102(c)(1) of this
Act.
(E) Subparagraph (D) of section 104A(h)(3) of title 17,
United States Code, as amended by section 102(c)(2) of this
Act.
(F) The amendments made by section 102(c)(3) of this
Act.
TITLE II—ONLINE COPYRIGHT
INFRINGEMENT LIABILITY LIMITATION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Online Copyright Infringement
Liability Limitation Act’’.
SEC. 202. LIMITATIONS ON LIABILITY FOR COPYRIGHT INFRINGEMENT.
(a) IN GENERAL.—Chapter 5 of title 17, United States Code,
is amended by adding after section 511 the following new section:
‘‘§ 512. Limitations on liability relating to material online
‘‘(a) TRANSITORY DIGITAL NETWORK COMMUNICATIONS.—A service
provider shall not be liable for monetary relief, or, except as
provided in subsection ( j), for injunctive or other equitable relief,
17 USC 101 note.
Online Copyright
Infringement
Liability
Limitation Act.
17 USC 101 note.
112 STAT. 2878 PUBLIC LAW 105–304—OCT. 28, 1998
for infringement of copyright by reason of the provider’s transmitting,
routing, or providing connections for, material through a system
or network controlled or operated by or for the service provider,
or by reason of the intermediate and transient storage of that
material in the course of such transmitting, routing, or providing
connections, if—
‘‘(1) the transmission of the material was initiated by or
at the direction of a person other than the service provider;
‘‘(2) the transmission, routing, provision of connections,
or storage is carried out through an automatic technical process
without selection of the material by the service provider;
‘‘(3) the service provider does not select the recipients of
the material except as an automatic response to the request
of another person;
‘‘(4) no copy of the material 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
PUBLIC LAW 105–304—OCT. 28, 1998 112 STAT. 2879
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 intermediate storage to which
relating to transmission of information in a digital
signal;
‘‘(II) an applicable industry-wide standard
relating to the transmission of information in a
digital signal that was adopted by a voluntary
consensus standards body prior to the effective
date of this chapter; or
‘‘(III) an applicable industry-wide standard
relating to the transmission of information in a
digital signal that was adopted in a voluntary,
consensus standards-setting process open to
participation by a representative cross-section of
broadcast stations or cable systems and copyright
owners of a category of works that are intended
for public performance by such stations or systems.
‘‘(3) DEFINITIONS.—As used in this subsection—
‘‘(A) the term ‘broadcast station’ has the meaning given
that term in section 3 of the Communications Act of 1934
(47 U.S.C. 153); and
‘‘(B) the term ‘cable system’ has the meaning given
that term in section 602 of the Communications Act of
1934 (47 U.S.C. 522).
‘‘§ 1203. Civil remedies
‘‘(a) CIVIL ACTIONS.—Any person injured by a violation of
section 1201 or 1202 may bring a civil action in an appropriate
United States district court for such violation.
‘‘(b) POWERS OF THE COURT.—In an action brought under
subsection (a), the court—
PUBLIC LAW 105–304—OCT. 28, 1998 112 STAT. 2875
‘‘(1) may grant temporary and permanent injunctions on
such terms as it deems reasonable to prevent or restrain a
violation, but in no event shall impose a prior restraint on
free speech or the press protected under the 1st amendment
to the Constitution;
‘‘(2) at any time while an action is pending, may order
the impounding, on such terms as it deems reasonable, of
any device or product that is in the custody or control of
the alleged violator and that the court has reasonable cause
to believe was involved in a violation;
‘‘(3) may award damages under subsection (c);
‘‘(4) in its discretion may allow the recovery of costs by
or against any party other than the United States or an officer
thereof;
‘‘(5) in its discretion may award reasonable attorney’s fees
to the prevailing party; and
‘‘(6) may, as part of a final judgment or decree finding
a violation, order the remedial modification or the destruction
of any device or product involved in the violation that is in
the custody or control of the violator or has been impounded
under paragraph (2).
‘‘(c) AWARD OF DAMAGES.—
‘‘(1) IN GENERAL.—Except as otherwise provided in this
title, a person committing a violation of section 1201 or 1202
is liable for either—
‘‘(A) the actual damages and any additional profits
of the violator, as provided in paragraph (2), or
‘‘(B) statutory damages, as provided in paragraph (3).
‘‘(2) ACTUAL DAMAGES.—The court shall award to the
complaining party the actual damages suffered by the party
as a result of the violation, and any profits of the violator
that are attributable to the violation and are not taken into
account in computing the actual damages, if the complaining
party elects such damages at any time before final judgment
is entered.
‘‘(3) STATUTORY DAMAGES.—(A) At any time before final
judgment is entered, a complaining party may elect to recover
an award of statutory damages for each violation of section
1201 in the sum of not less than $200 or more than $2,500
per act of circumvention, device, product, component, offer,
or performance of service, as the court considers just.
‘‘(B) At any time before final judgment is entered, a
complaining party may elect to recover an award of statutory
damages for each violation of section 1202 in the sum of not
less than $2,500 or more than $25,000.
‘‘(4) REPEATED VIOLATIONS.—In any case in which the
injured party sustains the burden of proving, and the court
finds, that a person has violated section 1201 or 1202 within
3 years after a final judgment was entered against the person
for another such violation, the court may increase the award
of damages up to triple the amount that would otherwise be
awarded, as the court considers just.
‘‘(5) INNOCENT VIOLATIONS.—
‘‘(A) IN GENERAL.—The court in its discretion may
reduce or remit the total award of damages in any case
in which the violator sustains the burden of proving, and
112 STAT. 2876 PUBLIC LAW 105–304—OCT. 28, 1998
the court finds, that the violator was not aware and had
no reason to believe that its acts constituted a violation.
‘‘(B) NONPROFIT LIBRARY, ARCHIVES, OR EDUCATIONAL
INSTITUTIONS.—In the case of a nonprofit library, archives,
or educational institution, the court shall remit damages
in any case in which the library, archives, or educational
institution sustains the burden of proving, and the court
finds, that the library, archives, or educational institution
was not aware and had no reason to believe that its acts
constituted a violation.
‘‘§ 1204. Criminal offenses and penalties
‘‘(a) IN GENERAL.—Any person who violates section 1201 or
1202 willfully and for purposes of commercial advantage or private
financial gain—
‘‘(1) shall be fined not more than $500,000 or imprisoned
for not more than 5 years, or both, for the first offense; and
‘‘(2) shall be fined not more than $1,000,000 or imprisoned
for not more than 10 years, or both, for any subsequent offense.
‘‘(b) LIMITATION FOR NONPROFIT LIBRARY, ARCHIVES, OR EDUCATIONAL
INSTITUTION.—Subsection (a) shall not apply to a nonprofit
library, archives, or educational institution.
‘‘(c) STATUTE OF LIMITATIONS.—No criminal proceeding shall
be brought under this section unless such proceeding is commenced
within 5 years after the cause of action arose.
‘‘§ 1205. Savings clause
‘‘Nothing in this chapter abrogates, diminishes, or weakens
the provisions of, nor provides any defense or element of mitigation
in a criminal prosecution or civil action under, any Federal or
State law that prevents the violation of the privacy of an individual
in connection with the individual’s use of the Internet.’’.
(b) CONFORMING AMENDMENT.—The table of chapters for title
17, United States Code, is amended by adding after the item relating
to chapter 11 the following:
‘‘12. Copyright Protection and Management Systems ............................... 1201’’.
SEC. 104. EVALUATION OF IMPACT OF COPYRIGHT LAW AND AMENDMENTS
ON ELECTRONIC COMMERCE AND TECHNOLOGICAL
DEVELOPMENT.
(a) EVALUATION BY THE REGISTER OF COPYRIGHTS AND THE
ASSISTANT SECRETARY FOR COMMUNICATIONS AND INFORMATION.—
The Register of Copyrights and the Assistant Secretary for Communications
and Information of the Department of Commerce shall
jointly evaluate—
(1) the effects of the amendments made by this title and
the development of electronic commerce and associated technology
on the operation of sections 109 and 117 of title 17,
United States Code; and
(2) the relationship between existing and emergent technology
and the operation of sections 109 and 117 of title 17,
United States Code.
(b) REPORT TO CONGRESS.—The Register of Copyrights and
the Assistant Secretary for Communications and Information of
the Department of Commerce shall, not later than 24 months after
the date of the enactment of this Act, submit to the Congress
a joint report on the evaluation conducted under subsection (a),
Deadline.
17 USC 109 note.
PUBLIC LAW 105–304—OCT. 28, 1998 112 STAT. 2877
including any legislative recommendations the Register and the
Assistant Secretary may have.
SEC. 105. EFFECTIVE DATE.
(a) IN GENERAL.—Except as otherwise provided in this title,
this title and the amendments made by this title shall take effect
on the date of the enactment of this Act.
(b) AMENDMENTS RELATING TO CERTAIN INTERNATIONAL AGREEMENTS.—(1)
The following shall take effect upon the entry into
force of the WIPO Copyright Treaty with respect to the United
States:
(A) Paragraph (5) of the definition of ‘‘international agreement’’
contained in section 101 of title 17, United States Code,
as amended by section 102(a)(4) of this Act.
(B) The amendment made by section 102(a)(6) of this Act.
(C) Subparagraph (C) of section 104A(h)(1) of title 17,
United States Code, as amended by section 102(c)(1) of this
Act.
(D) Subparagraph (C) of section 104A(h)(3) of title 17,
United States Code, as amended by section 102(c)(2) of this
Act.
(2) The following shall take effect upon the entry into force
of the WIPO Performances and Phonograms Treaty with respect
to the United States:
(A) Paragraph (6) of the definition of ‘‘international agreement’’
contained in section 101 of title 17, United States Code,
as amended by section 102(a)(4) of this Act.
(B) The amendment made by section 102(a)(7) of this Act.
(C) The amendment made by section 102(b)(2) of this Act.
(D) Subparagraph (D) of section 104A(h)(1) of title 17,
United States Code, as amended by section 102(c)(1) of this
Act.
(E) Subparagraph (D) of section 104A(h)(3) of title 17,
United States Code, as amended by section 102(c)(2) of this
Act.
(F) The amendments made by section 102(c)(3) of this
Act.
TITLE II—ONLINE COPYRIGHT
INFRINGEMENT LIABILITY LIMITATION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Online Copyright Infringement
Liability Limitation Act’’.
SEC. 202. LIMITATIONS ON LIABILITY FOR COPYRIGHT INFRINGEMENT.
(a) IN GENERAL.—Chapter 5 of title 17, United States Code,
is amended by adding after section 511 the following new section:
‘‘§ 512. Limitations on liability relating to material online
‘‘(a) TRANSITORY DIGITAL NETWORK COMMUNICATIONS.—A service
provider shall not be liable for monetary relief, or, except as
provided in subsection ( j), for injunctive or other equitable relief,
17 USC 101 note.
Online Copyright
Infringement
Liability
Limitation Act.
17 USC 101 note.
112 STAT. 2878 PUBLIC LAW 105–304—OCT. 28, 1998
for infringement of copyright by reason of the provider’s transmitting,
routing, or providing connections for, material through a system
or network controlled or operated by or for the service provider,
or by reason of the intermediate and transient storage of that
material in the course of such transmitting, routing, or providing
connections, if—
‘‘(1) the transmission of the material was initiated by or
at the direction of a person other than the service provider;
‘‘(2) the transmission, routing, provision of connections,
or storage is carried out through an automatic technical process
without selection of the material by the service provider;
‘‘(3) the service provider does not select the recipients of
the material except as an automatic response to the request
of another person;
‘‘(4) no copy of the material 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
PUBLIC LAW 105–304—OCT. 28, 1998 112 STAT. 2879
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 intermediate storage to which
Using a torrent isn't illegal, also hosting one isn't either. If however copyrighted content is uploaded/shared via this torrent then it is. @KiritoXxS promoting illegal activity in these forums aren't allowed so just be wary of that 