Stevens v Kabushiki Kaisha Sony Computer Entertainment

Intellectual property – Copyright - Circumvention devices - Circumvention of a technological protection measure - Definition of "technological protection measure" in s 10(1) of the Copyright Act 1968 (Cth) ("the Act") - Respondents produced and sold computer games on CD-ROMs for use with PlayStation consoles - Access codes on the CD-ROMs could not be reproduced by conventional CD recording or copying devices - Games could only be played if access codes were read by the boot ROM device within a PlayStation console - Appellant sold and installed "mod chips" into PlayStation consoles which allowed unauthorised copies of games to be played - Whether appellant had knowingly sold or distributed a circumvention device which was capable of circumventing, or facilitating the circumvention of, a technological protection measure - Whether access codes and boot ROM were technological protection measures - Whether access codes and boot ROM prevented or inhibited the infringement of copyright by preventing access to unauthorised copies of games.

Intellectual property – Copyright - Circumvention devices - Literary works - Computer programs - Reproduction in a material form - Definition of "material form" in s 10(1) of the Act - Parts of program code reproduced in the random access memory ("RAM") of a PlayStation console as game is being played - Whether access codes and boot ROM prevented or inhibited the infringement of copyright in a literary work by preventing a substantial part of a computer program from being reproduced in RAM - Whether RAM a "material form" for the purposes of the Act.

Intellectual property – Copyright - Circumvention devices - Subject-matter - Cinematograph films - Part of the aggregate of visual images contained in program code copied in the RAM of a PlayStation console as game is being played - Whether access codes and boot ROM prevented or inhibited the infringement of copyright in a cinematograph film by preventing a copy of the film being made in RAM - Whether a substantial part of a cinematograph film is embodied in RAM as game is being played.

Statutes – Statutory construction - Approach where provision is ambiguous - Approach where provision is the product of legislative debate over evolving technology and compromise - Use of extrinsic materials - Relevance of legislative history - Relevance of policy considerations - Preference for interpretation which upholds fundamental rights.

Words and phrases – "circumvention device", "technological protection measure", "prevent or inhibit", "material form", "cinematograph film", "substantial part".

Copyright Act 1968 (Cth) – ss 10(1), 116A.

Copyright Amendment (Digital Agenda) Act 2000 (Cth).