transmission, routing or connection for digital communication on‐line, with no alteration of
the content, between points specified by the user and of his/her 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 communication on‐line, with no
alteration of the content, between points specified by the user and of his/her choice.
Article 65.4 –
(A) Any service provider that, knowing or having valid reasons to know about any
infringement of copyright or related rights committed by another person, has led to,
encouraged, caused or substantially contributed to this infringement, will have its
liability incurred under civil law for this unlawful activity.
(B) Any service provider that has deliberately led to, encouraged, caused or substantially
contributed to this infringement, will have its liability incurred under criminal law for
this unlawful activity, in accordance with the provisions of this Law.
(C) Any service provider that has the right and capacity to supervise and control
infringements of copyright or related rights committed by another person, and with a
direct financial interest in that activity, will have its liability incurred under criminal law
for this unlawful activity, in accordance with the provisions of this Law.
(D) Any service provider that deliberately supervises or controls infringements of
copyright or related rights committed by another person, and with a direct financial
interest in that activity, will have its liability incurred under criminal law for this
unlawful activity, in accordance with the provisions of this Law.
(E) Any action against the service provider referred to in (A) to (D) above shall be brought
in accordance with the code of civil procedure or the code of criminal procedure.
Furthermore, in order to bring legal action against the service provider, it shall not be
necessary to join together with any other person, and it shall not be necessary to
obtain a prior legal judgment in a separate procedure to determine 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 of liability provided for in Articles 65.12 to 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 material or the provision of connections for this
material, with no alteration (...)
(C) The measures listed in (A) and (B) above are ordered with due consideration given
to the relative constraint imposed on the service provider and the damage caused
to the owner of the copyright or related rights, the technical feasibility and the
effectiveness of the measures, and considering the availability of methods of
execution of comparable effectiveness but less onerously restrictive.