Section 150 — Infringement by making device or providing service, etc., to access works communicated without authority

(1)Subject to the provisions of this Act, copyright in a work is infringed by a person (X) if —

(a)the work is communicated to the public without the copyright owner’s authority;

(b)X does any of the following acts (whether before or after the work is so communicated):

(i)makes a device to obtain a commercial advantage;

(ii)deals commercially in a device;

(iii)imports a device for the purpose of commercial dealing;

(iv)distributes a device to an extent that will prejudicially affect the copyright owner;

(v)offers to the public, or provides, a service —(A) in exchange for payment; or (B) together with the sale of a device;

(c)the device or service is capable of facilitating access to the work; and

(d)X knows or ought reasonably to know that the device or service —

(i)is capable of facilitating access to works communicated to the public without the authority of their copyright owners; and

(ii)has only a limited commercially significant purpose or use other than that capability.

(2)In this section —“device” includes a component of a device, and a computer program; “service” includes a subscription service and the provision of information.