Kabushiki Kaisha Sony Computer Entertainment v Stevens [2003] FCAFC 157

Kabushiki Kaisha Sony Computer Entertainment v Stevens [2003] FCAFC 157

A device that deters or discourages infringement of copyright by rendering unauthorized copies unusable constitutes a technological protection measure for the purposes of the Copyright Act 1968 (Cth) s 10(1). Accordingly, Sony’s access code and Boot ROM qualify as such a measure, and the supply and installation of mod chips by Mr Stevens, capable of circumventing this measure, breached s 116A. The appeal is allowed, and appropriate remedies granted to Sony. Reproduction in RAM and of a cinematograph film in RAM did not constitute copyright infringement in the circumstances of this case.

Jurisdiction
Australia
Judgment Date
30 July 2003
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
['copyright' 'technological Protection Measures' 'circumvention Devices' 'computer Programs' 'cinematograph Films']
['intellectual Property Law'] ['copyright' 'technological Protection Measures' 'circumvention Devices' 'computer Programs' 'cinematograph Films']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether Sony’s access code and Boot ROM constituted a ‘technological protection measure’ under the Copyright Act 1968 (Cth) s 10(1)' "Whether the installation and sale of 'mod chips' by Mr Stevens constituted breach of s 116A of the Copyright Act" 'Whether reproduction of computer programs occurs in RAM, amounting to copyright infringement' 'Whether playing the game constitutes making a copy of a cinematograph film in RAM']

Ratio Decidendi

A device that deters or discourages infringement of copyright by rendering unauthorized copies unusable constitutes a technological protection measure for the purposes of the Copyright Act 1968 (Cth) s 10(1). Accordingly, Sony’s access code and Boot ROM qualify as such a measure, and the supply and installation of mod chips by Mr Stevens, capable of circumventing this measure, breached s 116A. The appeal is allowed, and appropriate remedies granted to Sony. Reproduction in RAM and of a cinematograph film in RAM did not constitute copyright infringement in the circumstances of this case.

Court Disposition

Appeal allowed

Orders

  • ['Order 9 made on 16 August 2002 set aside' 'Declaration that Mr Stevens sold circumvention devices in contravention of s 116A' 'Injunction restraining Mr Stevens from selling circumvention devices violating s 116A' 'Respondent to pay appellants’ costs of appeal' 'Respondent to pay appellants’ costs in proceeding N...