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Interpretation and effect of application of this Part

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—(1) In this Part, unless the context otherwise requires —“electronic copy”, in relation to any material, means a copy of the material in an electronic form, and includes the original version of the material in that form;“material” means any work or other subject-matter in which copyright subsists by virtue of this Act;“monetary relief” means damages, an account of profits or statutory damages;“network service provider” —(a)for the purposes of section 193B, means a person who provides services relating to, or provides connections for, the transmission or routing of data; and(b)for the purposes of this Part (other than section 193B), means a person who provides, or operates facilities for, online services or network access and includes a person referred to in paragraph (a),but does not include such person or class of persons as the Minister may prescribe;“primary network”, in relation to a network service provider, refers to a network controlled or operated by or for the network service provider;“routing” means directing or choosing the means or routes for the transmission of data;“standard technical measure” means any technical measure accepted in Singapore that —(a)is used to identify or protect material;(b)has been developed through an open, voluntary process by a broad consensus of copyright owners and network service providers;(c)is available to any person on reasonable and non- discriminatory terms; and(d)does not impose substantial costs on network service providers or substantial burdens on their primary networks. (2) This Part does not limit the operation of the other provisions of this Act in relation to determining whether copyright has been infringed. (3) Nothing in this Part shall be construed as making the applicability of sections 193B, 193C, 193D and 193DB conditional on —(a)a network service provider monitoring its service or affirmatively seeking facts indicating infringing activity, except to the extent consistent with any standard technical measure; or(b)a network service provider gaining access to, removing or disabling access to any electronic copy of any material in any case in which such conduct is prohibited by law.

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