SONY COMPUTER ENTERTAINMENT v PAUL OWEN & ORS (2002)

[Jeremy Barker]

Jeremy Barker wrote:

> 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.

Oops.  That last paragraph should read:

In other words you can only do the things section 50C allows if you have a
license and the license does NOT explicitly prohibit you doing them.

jb