Stevens v Kabushiki Kaisha Sony Computer Entertainment [2005] HCA 58

Stevens v Kabushiki Kaisha Sony Computer Entertainment [2005] HCA 58

Sony's device (the combination of access code and boot ROM) was not a 'technological protection measure' under the Act as it did not prevent or inhibit infringement of copyright but merely deterred unauthorised use after the infringement (copying) had occurred; temporary storage in RAM did not constitute reproduction in a material form nor was it a copy of a cinematograph film, due to the absence of a substantial part being embodied, or capability of reproduction; therefore, Mr Stevens' conduct did not contravene s 116A and the appeal should be allowed.

Parties
Appellant: Eddy Stevens; Respondents: Kabushiki Kaisha Sony Computer Entertainment & Ors; Amici Curiae: Australian Digital Alliance Limited and the Australian Libraries Copyright Committee
Jurisdiction
Australia
Judgment Date
06 October 2005
Procedural Posture
Appeal / High Court of Australia Decision on Appeal From the Full Court of the Federal Court of Australia
Outcome
Appeal allowed with costs. Orders of the Full Court of the Federal Court set aside. The appeal to that Court is dismissed with costs.
Legal Topics
Technological Protection Measures, Circumvention Devices, Statutory Interpretation, Copyright Infringement, Computer Programs, Cinematograph Films
Intellectual Property Copyright Law Technological Protection Measures Circumvention Devices Statutory Interpretation Copyright Infringement Computer Programs Cinematograph Films

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Parties

Eddy Stevens

Appellant

Kabushiki Kaisha Sony Computer Entertainment & Ors

Respondents

Australian Digital Alliance Limited and the Australian Libraries Copyright Committee

Amici Curiae

Procedural Posture

Appeal / High Court of Australia Decision on Appeal From the Full Court of the Federal Court of Australia

Legal Issues

  1. 1 Whether Sony's PlayStation access code and boot ROM constitute a 'technological protection measure' under s 10(1) of the Copyright Act 1968 (Cth) as amended
  2. 2 Whether the installation of mod chips that circumvented such measures contravened s 116A of the Copyright Act
  3. 3 Whether reproduction in RAM constitutes 'material form' for the purposes of copyright infringement

Ratio Decidendi

Sony's device (the combination of access code and boot ROM) was not a 'technological protection measure' under the Act as it did not prevent or inhibit infringement of copyright but merely deterred unauthorised use after the infringement (copying) had occurred; temporary storage in RAM did not constitute reproduction in a material form nor was it a copy of a cinematograph film, due to the absence of a substantial part being embodied, or capability of reproduction; therefore, Mr Stevens' conduct did not contravene s 116A and the appeal should be allowed.

Court Disposition

Appeal allowed with costs. Orders of the Full Court of the Federal Court set aside. The appeal to that Court is dismissed with costs.

Orders

  • Appeal allowed with costs.
  • Orders of the Full Court of the Federal Court of Australia made on 30 July 2003 set aside.