Final answer:
The requirement that is not necessary to gain protection under the 'transitory activities' clause of the DMCA is that the service provider and the originator of the message must be located in different states.
Step-by-step explanation:
The requirement that is not necessary to gain protection under the 'transitory activities' clause of the Digital Millennium Copyright Act is B. The service provider and the originator of the message must be located in different states. The other requirements include:
- Any intermediate copies must not ordinarily be accessible to anyone other than anticipated recipients and must not be retained for longer than reasonably necessary.
- The transmission must be originated by a person other than the service provider.
- The transmission, routing, provision of connections, or copying must be carried out by an automated technical process without selection of material by the service provider.
These requirements are put in place to protect the internet service providers from being held liable for the transmission of copyrighted material through their networks.