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MARKET-BASED SYSTEM TO PROTECT U.S. CUSTOMERS AND PREVENT U.S. FUNDING OF SITES DEDICATED TO THEFT OF U.S. PROPERTY

(a) DEFINITIONS.—In this section:

  • (1) DEDICATED TO THEFT OF U.S. PROPERTY.—An ‘‘Internet site is dedicated to theft of U.S. property’’ if—
    • (A) it is an Internet site, or a portion thereof, that is a U.S.-directed site and is used by users within the United States; and
    • (B) either—
      • (i) the U.S.-directed site is primarily designed or operated for the purpose of, has only limited purpose or use other than, or is marketed by its operator or another acting in concert with that operator for use in, offering goods or services in a manner that engages in, enables, or facilitates—
      • (ii) the operator of the U.S.-directed site—
        • (I) is taking, or has taken, deliberate actions to avoid confirming a high probability of the use of the U.S.-directed site to carry out acts that constitute a violation of section 501 or 1201 of title 17, United States Code; or
        • (II) operates the U.S.-directed site with the object of promoting, or has promoted, its use to carry out acts that constitute a violation of section 501 or 1201 of title 17, United States Code, as shown by clear expression or other affirmative steps taken to foster infringement.
  • (2) QUALIFYING PLAINTIFF.—The term ‘‘qualifying plaintiff’’ means, with respect to a particular Internet site or portion thereof, a holder of an intellectual property right harmed by the activities described in paragraph (1) occurring on that Internet site or portion thereof.


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