I'll do my best but I haven't done this is a long time and as we were always
taught law can only be truly interpreted by the courts.
This is a correction for a definition in another section (296). If someone
has applied a 'technical device' to software to prevent you from copying it
and you make, sell, let, advertise for sale or hire for commercial purposes
any 'thing' that is designed to breach that device so that others can copy
it AND that you know or have reason to believe that the 'thing' will be used
to make infringing copies you will be liable.
It looks like they're trying to extend the chain of people they can go after
for copyright infringements. Not just the copier but also the person who
made it possible for the copier to do his work.
There will be statutory defences for this offence elsewhere in the act. I
think the important thing are the words commercial purposes. It looks at
first glance as though you could give away such a thing and not be liable
because there would be no commercial purpose to giving it away.
I would also imagine that if you were to put a statement in your license
that the 'thing' was not to be used to allow software to be illegally copied
you would probably also be in the clear.
Hope that's OK but I'd get other interpretations too
Sue
Circumvention of protection measures
24. - (1) For the heading "Devices designed to circumvent
copy-protection" (appearing before section 296) and for section 296 there
shall be
substituted -
" Circumvention of protection measures
296 Circumvention of technical devices applied to computer
programs
(1) This section applies where -
(a) a technical device has been applied to a computer program;
and
(b) a person (A) knowing or having reason to believe that it
will be used to make infringing copies -
(i) manufactures for sale or hire, imports, distributes,
sells or lets for hire, offers or exposes for sale or hire, advertises for
sale or hire or has in his possession for commercial purposes any means the
sole intended purpose of which is to facilitate the unauthorised removal or
circumvention of the technical device; or
.... and it goes on a bit.
I am not experienced in the reading of these things, maybe someone could
submit a summary (written in English).
--
Alain Williams
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FATHERS-4-JUSTICE - Campaigning for equal rights for parents and the
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