SONY COMPUTER ENTERTAINMENT v PAUL OWEN & ORS (2002)

[Philip Rowlands]

Please trim your replies.

On Wed, 15 May 2002, John R T Brazier wrote:

>(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?

You do own the media. You don't own the software on the media. You own
a license to use the software. Without a license, it would be illegal to
copy it to your hard disk, RAM or CPU instruction pipeline.

This is moot for music CDs, as no copying is performed in the normal
"use" of the content (well, not to any fixed form).

In the US, Title 17, Section 1, Chapter 1 of the US code allows certain
types of copying by the [lawful] owner of a copy.
http://caselaw.lp.findlaw.com/casecode/uscodes/17/chapters/1/sections/section_117.html

I think this would tend to tip the judgement the other way (DCMA not
withstanding). I know of no equivalent in UK law.


Cheers,

Phil