SONY COMPUTER ENTERTAINMENT v PAUL OWEN & ORS (2002)

[Jeremy Barker]

Derek Fawcus wrote:

> On Wed, May 15, 2002 at 07:25:02PM +0100, Philip Rowlands wrote:
> > Please trim your replies.
> >
> > 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.

It isn't quite that simple - you can't read section 50C in isolation.

Section 50C refers to a "lawful user" and the rights in section 50C are only
available to a lawful user.  The term "lawful user" is defined in subsection
50A(2) - "For the purposes of this section and sections 50B and 50C a person
is a lawful user of a computer program if (whether under a licence to do any
acts restricted by the copyright in the program or otherwise), he has a right
to use the program."

Section 50C(1)(b) further says that the section 50C(1) right to copy or adapt
is only available if it "is not prohibited under any term or condition of an
agreement regulating the circumstances in which his use is lawful."  This
agreement will normally be the licence agreement for use of the program.

In other words you can only do the things section 50C allows if you have a
license and the license does explicitly prohibit you doing them.

jb