Malaysia legislation
Section 43E
Section 43E
(a)
the electronic copy of the work being stored at the direction of a user of its primary network;
(b)
the service provider referring or linking a user to an online location on an originating network at which an electronic copy of the work is made available by the use of an information location tool such as a hyperlink or directory,
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or an information location service such as a search engine, if—
(i)
the service provider—
(A)
does not have actual knowledge that the electronic copy of the work or activity is infringing; or
(B)
in the absence of such actual knowledge, is not aware of the facts or circumstances from which the infringing activity is apparent;
(ii)
the service provider does not receive any financial benefit directly attributable to the infringement of the copyright in the work that occurs in, or in the course of, making available the electronic copy on its primary network or on another network, and that the service provider does not have the right and ability to control the infringing activity; and
(iii)
upon receipt of a notification of any infringement under section 43H, the service provider responds within the time specified to remove or disable access to the material that is claimed to be infringing or to be the subject of the infringing activity.
(2)
In determining whether a financial benefit is directly attributable to the infringement of copyright in the work, the court shall have regard to—
(a)
the industry practice in relation to the charging of services by a service provider;
(b)
whether the financial benefit was greater than the benefit that would usually result from charging in accordance with accepted industry practices; and
(c)
any other matter that the court considers relevant.
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(3)
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.
Exemption of service provider from liability for removal of copy or other activities from network