||All England Reporter
|| All ER (D) 318 (Jun)
|| EWCA Crim 1324
||Court of Appeal, Criminal Division
Jacob, Hughes LJJ and Andrew Smith J
||Adam Vaitilingam (instructed by Bobbetts Mackan) for the defendant.
||Iain Macdonald (instructed by Bristol City Council Legal Services) for the prosecution.
||24 June 2008
Copyright - Infringement - Effective technological measures - Defendant providing services modifying games consoles - Correct construction of relevant provisions - Copyrights, Designs and Patents Act 1988, ss 296ZB, 296ZF.
Copyright Infringement. For the purposes of s296ZF of the Copyrights, Designs and Patents Act 1988, it was not enough if the technological measure was a discouragement or general commercial hindrance to copyright infringement. Rather, it had to be a measure which physically prevented it. Leave to appeal to the House of Lords was refused; however, the court certified that the decision involved the following question of law of general public importance, namely, whether the provisions of s296ZF of the Act in relation to effective technological measures applied to devices incorporated into computer games consoles and computer games which did not prevent counterfeit copies being made of such games which did prevent the counterfeit copies from being played on games consoles.
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