SONY COMPUTER ENTERTAINMENT v PAUL OWEN & ORS (2002)

[Derek Fawcus]

On Wed, May 15, 2002 at 05:44:06PM +0100, John R T Brazier wrote:
> 
> Is it me, but there seems to be a couple of oddities here?
> 
> (a)	I've bought CDs/DVDs (of several types, ie music, software, games) in
> the States, and they certainly don't have 'USA only' stickers on them (ref:
> "The games are sold, as appears to be common ground, abroad with, for
> example, ‘For Japan only’.") Therefore this would seem to be a quite limited
> argument for territorial licensing (ie if the sticker is missing you're ok).

But what licencing?  There seems to be this prevelence to referring to works
as licenced for use to people.  Even a couple of Solicitors I've spoken to
regarding copyright and computer programs used as an example the fact that
you have a licence to use Microsoft Windows?  This would seem to be the
marketing speak of computer companies sinking in,  even amongst the
group you'd expect to know better.

You only need a licence to perfrom actions that would otherwise be infringing.
My understanding of the copyright act is that normal use of the work,
i.e. listening to music,  watching film/video,  reading a book,  running a
computer program are not infringing, and hence don't require a licence.

The only part where I understand the country of sale to make a difference
is with regards to resale of a copy of a work.  I'd rather that copyright
exhaustion in a work was international,  and that once bought you could
sell your copy anywhere in the world without infringing copyright,  but
as I understand it the world was divided into regions for the purposes
of copyright exhaustion.

So to resell a copy of a work within Europe (or the EEA isn't it?),  the
copy has to have been bought within the EEA.  Except to reselling things
in the UK that require a BBFC certificate.

As I understand you could buy a DVD in France,  but if it doesn't carry
a BBFC certificate,  you can't resell it in the UK.  I don't think this
counts as copyright infringement (as the copyright in the copy should
be exhausted),  but some other law would be violated (video nasty?)

DF

> (b)	Ref: "The fact is that if you spoil your CD, which has a recording of
> music on it, you have to go and buy another. The same is true of a CD
> carrying a game.". Most PC software clauses are about the fact that you are
> buying a license to use - not the media itself (most companies will replace
> the media for a licensed person at a, ahem, 'nominal' price). Music CDs are
> different: when I last bought one you didn't have to agree to a contract! Is
> this the same for Playstations?