A Fine line between legal access and circumvention: A Fine line between legal access and circumvention

Andrew Manning, John Selby

    Research output: Contribution to journalArticlepeer-review

    Abstract

    The High Court of Australia's decision handed down on 6 October 2005 was a finely reasoned analysis concerning the fine balance within Australian copyright law and the rules of statutory interpretation. The Court sided with the appellant, Mr Stevens, when it held that his mod chip was not a circumvention device within the meaning of the Copyright Act 1968 (Cth) (the Act) as it did not function to overcome a technological protection measure as defined in s10(1) of the Act. Combined with its rejection of Sony's arguments relating to temporary copies in RAM, it would appear that this decision was a great victory for groups such as the Australian Digital Alliance. Nevertheless, with the signing of the Australia-US Free Trade Agreement (AUS-FTA), this victory is likely to be temporary at best.
    Original languageEnglish
    Pages (from-to)161-165
    Number of pages5
    JournalComputer law review international
    Volume2005
    Issue number6
    Publication statusPublished - 2005

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