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News From Oz: News Flash - Mod Chipping Case Handed Down in Australia
Posted by Kim Weatherall on Wednesday, July 30 @ 20:24:46 EDT Digital Millennium Copyright Act
Just a quick news flash: the Full Federal Court in Australia has handed down its decision in the Sony v Stevens case.

This is the case in which Sackville J at first instance found that the mechanisms in Sony Playstations that prevented Playstations from running unauthorised copies of games were not technological protection measures, with the result that "mod chips" were not circumvention devices caught by the anti-circumvention provisions of the Copyright Act (ie the Australian DMCA).

It appears - and I have not yet read the decision - that Sackville's finding that the measures were not TPMs may have been overturned. This would make the Australian position more consistent with the UK position - and would strengthen Australia's version of the Digital Millennium Copyright Act - found in Australia mainly in section 116A of the Copyright Act.

The case is a long one, but the court has helpfully included a summary (mainly, I suspect, for the benefit of the media!)

 
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