The Act does not require a service provider to monitor its service or to seek facts that would indicate infringing activity. Such policing activity, in fact, may have the effect of eliminating the liability limitation available under the Act because the provider would no longer be "unaware" of infringing activity a prerequisite to invoking the liability limitation provided by the DMCA.

A record of all infringement notifications and counter-notifications and actions taken in response to them will, however, provide relevant documentation generally and, specifically, will allow a campus to determine, if necessary, how many complaints have been received about a particular faculty member or graduate student-employee (see section II, above).