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facilities for online services or for access to networks, including a provider of transmission,
routing or connection for digital communications online, with no alteration of the content,
between the points specified by the user and of his choice.
For the purposes of the duty referred to in Article 65.5(A), “service provider” shall mean only
a provider of transmission, routing or connection for digital communications online, with no
alteration of the content, between the points specified by the user and of his choice.
Article 65.4
(A) Any service provider who, being aware of or having good reason to suspect any
violation of copyright or related rights committed by another person, shall have
promoted, encouraged, caused or contributed significantly to this violation, and
shall be liable in the civil courts for this unlawful activity.
(B) Any service provider who has deliberately promoted, encouraged, caused or
contributed significantly to any violation of copyright or related rights committed by
another person, shall be liable in the criminal courts for this unlawful activity in
accordance with the provisions of this Law.
(C)
Any service provider with the right and ability to supervise or control infringements
of copyright or related rights committed by another person, and having a direct
financial interest in such activity, shall be liable in the civil courts for such unlawful
activity.
(D) Any service provider who deliberately supervises or controls any infringements of
copyright or related rights committed by another person, and who has a direct
financial interest in such activity, shall be liable in the criminal courts for such
unlawful activity in accordance with the provisions of this Law.
(E) Any action referred to in paragraphs (A) to (D) above and taken against the service
provider shall be initiated in accordance with the Code of Civil Procedure, or the
Code of Criminal Procedure. Furthermore, it shall no longer be necessary to name
any other person in order to institute legal proceedings against a service provider,
and it shall not be necessary to obtain a prior court ruling in separate proceedings
determining the liability of another person.
Article 65.5
If a service provider fulfills the conditions defined in Articles 65.5 to 65.11, it shall be able to
benefit from the limitations on liability specified in Articles 65.12 and 65.14 for infringements
of copyright or related rights that it did not control, initiate or direct, and that took place by
means of systems or networks controlled or exploited by it or in its name, in relation to the
following functions:
(A) the transmission or routing of the material or the supply of connections for that
material, without modifying its content, or the intermediate and temporary storage
of said material in the course of these operations;
(B) automatic caching
(C) storage on request by a user residing on a system or network controlled or
exploited by or for the service provider; and
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