itution provides to all users of its system or network
informational materials that accurately describe, and promote compliance
with, the laws of the United States relating to copyright.
(2) For the purposes of this subsection, the limitations on injunctive
relief contained in subsections (j)(2) and (j)(3), but not those in (j)
(1), shall apply.
(f) Misrepresentations. Any person who knowingly materially
misrepresents under this section-
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or
misidentification,
shall be liable for any damages, including costs and attorneys' fees,
incurred by the alleged infringer, by any copyright owner or copyright
owner's authorized licensee, or by a service provider, who is injured by
such misrepresentation, as the result of the service provider relying
upon such misrepresentation in removing or disabling access to the
material or activity claimed to be infringing, or in replacing the
removed material or ceasing to disable access to it.
(g) Replacement of Removed or Disabled Material and Limitation on Other
Liability.
(1) No Liability for Taking Down Generally. Subject to paragraph (2), a
service provider shall not be liable to any person for any claim based
on the service provider's good faith disabling of access to, or removal
of, material or activity claimed to be infringing or based on facts or
circumstances from which infringing activity is apparent, regardless of
whether the material or activity is ultimately determined to be
infringing.
(2) Exception. Paragraph (1) shall not apply with respect to material
residing at the direction of a subscriber of the service provider on a
system or network controlled or operated by or for the service provider
that is removed, or to which access is disabled by the service provider,
pursuant to a notice provided under subsection (c)(1)(C), unless the
service provider-
(A) takes reasonable steps promptly to notify the subscriber that it has
removed or disabled access to the material;
(B) upon receipt of a counter notification described in paragraph (3),
promptly provides the person who provided the notification under
subsection (c)(1)(C) with a copy of the counter notification, and
informs that person that it will re-place the removed material or cease
disabling access to it in 10 business days; and
(C) replaces the removed material and ceases disabling acc
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