Kabushiki Kaisha Sony Computer Entertainment v Stevens [2001] FCA 1379

Kabushiki Kaisha Sony Computer Entertainment v Stevens [2001] FCA 1379

Leave was granted because s 116A of the Copyright Act raised difficult and potentially generally significant questions of construction not yet the subject of detailed consideration in Australia, and the ACCC was likely to provide substantial assistance to the Court on legal issues that otherwise might not be fully canvassed. The ACCC's participation was confined to submissions on construction of s 116A and incidental matters concerning the relevant devices, with no role in adducing evidence except perhaps with consent and no role on other aspects of the case.

Jurisdiction
Australia
Judgment Date
28 September 2001
Procedural Posture
Application by Notice of Motion for Leave to Appear and Be Heard as Amicus Curiae / Determination Before Final Hearing
Outcome
Application granted subject to limitations and any further order of the Court.
Legal Topics
['amicus Curiae' 'leave to Appear' 'technological Protection Measures' 'circumvention Devices' 'construction of S 116 a of the Copyright Act']
['practice and Procedure' 'copyright' 'trade Marks' 'fair Trading'] ['amicus Curiae' 'leave to Appear' 'technological Protection Measures' 'circumvention Devices' 'construction of S 116 a of the Copyright Act']

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Procedural Posture

Application by Notice of Motion for Leave to Appear and Be Heard as Amicus Curiae / Determination Before Final Hearing

Legal Issues

  1. 1 ['Whether the Australian Competition and Consumer Commission should be granted leave to appear and be heard as amicus curiae in the proceedings.' "Whether the ACCC's proposed participation would assist the Court on questions of construction concerning s 116A of the Copyright Act." "What limitations should be imposed on the ACCC's role as amicus curiae."]

Ratio Decidendi

Leave was granted because s 116A of the Copyright Act raised difficult and potentially generally significant questions of construction not yet the subject of detailed consideration in Australia, and the ACCC was likely to provide substantial assistance to the Court on legal issues that otherwise might not be fully canvassed. The ACCC's participation was confined to submissions on construction of s 116A and incidental matters concerning the relevant devices, with no role in adducing evidence except perhaps with consent and no role on other aspects of the case.

Court Disposition

Application granted subject to limitations and any further order of the Court.

Orders

  • ['Subject to any further order of the Court, the Australian Competition and Consumer Commission be granted leave to appear at the final hearing as amicus curiae subject to the limitations referred to in the Reasons for Judgment.']