Circumvention

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Last seen on: New York Times Crossword 4 Jun 17, Sunday

Random information on the term “Circumvention”:

Stevens v Kabushiki Kaisha Sony Computer Entertainment was a decision of the High Court of Australia concerning the “anti-circumvention” provisions of the Copyright Act 1968. The appellant, Stevens, had sold and installed modchips that circumvented the Sony PlayStation’s copy protection mechanism. Sony argued that Stevens had knowingly sold or distributed a “circumvention device” which was capable of circumventing a “technological protection measure”, contrary to s 116A of the Copyright Act.[1]

At first instance, the Federal Court (Sackville J) held that the relevant copy protection feature was not a “technological protection measure” and refused Sony’s application for relief under s 116A.[2] Sony successfully appealed the primary judge’s decision in the Full Court of the Federal Court.[3] The High Court then reversed the Full Court’s decision, endorsing Sackville J’s construction of the term “technological protection measure”.[4]

The Applicant (Collectively described as “Sony”) manufacture and distribute the Sony PlayStation computer game console and computer games on CD-ROMs for use with the Sony PlayStation console. Sony owns copyright of the computer programs embodied in the CD-ROMs of the games (as literary works under Part III of the Copyright Act 1968) and in the cinematograph films (as subject-matter other than works in Part IV of the Copyright Act 1968).[5] In the manufacturing process, Sony embedded access control technology in the form of RAC’s into all Sony’s games. This worked in the way that once a Sony PlayStation game was inserted into a Sony PlayStation console, the console would only play Sony games with the corresponding regional code. If the ROM chip in the game console did not read a RAC or the RAC did not correspond with the console, then it would not play the disk.

Circumvention on Wikipedia