SONY COMPUTER ENTERTAINMENT v PAUL OWEN & ORS (2002)

[Derek Fawcus]

On Thu, May 16, 2002 at 08:04:51PM +0000, Jeremy Barker wrote:
> 
> > 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.

As Tom mentioned,  you're assuming that such an binding agreement is in
force.

In the absence of such an agreement,  I have the default rights given by
the copyright act,  which do allow such copying.  By vitue of the 'or
otherwise' in the definition of lawful use.

So the question is 'is there an "agreement" in force'.

Well you're suggesting the 'licence' supplied with software is such an
agreement.  I state it is not.  I've not agreed to the terms in that
piece of paper - or even since it's an 'agreement' I've modified it
(and initialed the modifications).

So assuming I reject such a shrinkwrap 'licence',  the only things I can
now do are those provided by the copyright act.

Oddly enougth,  it turns out that the provisions of the act grant me all
of the rights I need.

DF