Extreme Peering operates as a caching system under the arrangements of “Digital Millennium Copyright Act (DMCA), section 512(b) – system caching” and the likes in other countries. In India we comply with the “Indian Copyright Act (Amendment) 2012, section 52(b) – transient or incidental storage”.
Like all other compliant systems in the same class, Extreme Peering temporarily stores local copies of content or part of content, already available on the Internet, then requested and downloaded by ISP users.
Extreme peering does not create, produce, publish, distribute or otherwise make available content of any kind on its own – it only accelerates access to already available content, explicitly requested and downloaded by users.
Additionally, Extreme Peering is neither affiliated nor its functions are dependent in any way by the presence or the absence of third party systems or services, for example: search engines, meta-search engines or web sites containing links to content. The data accelerated by Extreme Peering is only driven by the users requests to content already available on the Internet.
Lastly, Extreme Peering is also compliant with copyright infringement notices. This means that if a notice is received by ISP, containing а link pointing to infringing content, the system is capable of blocking the access to the content based on the link received.
DMCA 512(b) compliance
Service Providers are not liable for caching infringing content if the following conditions are met:
- users made it available – the material is made available online by a person other than the service provider;
- only automatic caching – the temporary storage is an automatic technical process, no people are involved;
- original content – the content was not modified in any way by the system caching;
- always refreshing content – the service provider complies with rules concerning the refreshing, reloading, or other updating of the material when specified by the person making the material available online in accordance with a generally accepted industry standard data communications protocol;
- keep content access policy – the service provider doesn’t interfere with the access policy of the original content source;
- removal of infringing content – Upon ISP getting a knowledge about infringement (ex: by receiving a DMCA or a similar notice with content link), the access to infringing content can be removed by the system based on the link.
Indian Copyright Act (2012), Section 52(b), (c) compliance
Acts which don’t constitute copyright infringement:
- System caching, 52(b): the transient or incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public;
- Providing links, 52(c): transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy:
Provided that if the person responsible for the storage of the copy has received a written complaint from the owner of copyright in the work, complaining that such transient or incidental storage is an infringement, such person responsible for the storage shall refrain from facilitating such access for a period of twenty-one days or till he receives an order from the competent court refraining from facilitating access and in case no such order is received before the expiry of such period of twenty-one days, he may continue to provide the facility of such access.