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Section 43D

System caching

of Copyright Act 1987

ActIn forceProvision 77 of 111
Section 43D

(a)

from an electronic copy of the work made available on an originating network;

(b)

through an automatic process;

(c)

in response to an action by a user of its primary network; or

(d)

in order to facilitate efficient access to the work by a user:

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Provided that—

(A)

the service provider does not make any substantive modification, other than a modification made as part of a technical process, to the content of the electronic copy during the transmission of such copy to users of its primary network or another network; and

(B)

the service provider satisfies such other conditions as the

Minister may determine in relation to—

(i)

access to the electronic copy by users of its primary network or another network;

(ii)

the refreshing, reloading or updating of the electronic copy; and

(iii)

non-interference with the technology used at the originating network to obtain information about the use of any work on the originating network, being technology that is consistent with industry standards in Malaysia.

(2)

A service provider shall not be held liable under this section if the copyright owner or his agent has not given any notification under section 43H.