SONY COMPUTER ENTERTAINMENT v PAUL OWEN & ORS (2002)

[Martin Keegan]

On Wed, 15 May 2002, Derek Fawcus wrote:

> > 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.
> 
> I disagree.  My reading of Section 50C is that this makes such copies
> non infringing,  and as such they do not require a licence.

Then you're discounting too readily the requirement of s50C that the user
be a lawful user of the copyrighted material in question.

Critically, Sony v Channel (or Sony v Owen as it seems now to be called) 
determined that a licence granted under the copyright law of another
country will not by default imply a licence in this country. So you can
privately import the PS2 CD from the States (under some exemption to the
distribution right, for the benefit of those engaged in private
importation), but you won't be a lawful user for the purposes of s50C when
you want to copy it into RAM. 

This view has been criticised, and shouldn't be relied upon, but that's
what the law is currently said to be.

Mk