§ 239 — Decompilation of computer program by lawful user

239.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to decompile a computer program.(2) The conditions are —(a)

the program is expressed in a low‑level language;

(b)

X is a lawful user of the program;

(c)

the decompiling is necessary to obtain the information needed for the purpose of creating an independent computer program that can be operated with the decompiled program or another computer program;

(d)

the information needed for that purpose is not otherwise readily available to X;

(e)

X confines the decompiling to acts that are needed for that purpose;

(f)

X does not use the information obtained from decompiling for anything other than that purpose;

(g)

X does not supply the information obtained from decompiling to any person unless it is necessary for that purpose;

(h)

X does not use the information obtained from decompiling to create a computer program that is substantially similar in its expression to the decompiled program; and

(i)

X does not use the information obtained from decompiling to do any act that is an infringement of copyright.

(3) In this section, “decompiling”, in relation to a computer program expressed in a low‑level language, means —(a)

converting the computer program into a version expressed in a higher level language; or

(b)

copying the computer program incidentally in the course of paragraph (a),

and “decompile” has a corresponding meaning.

—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to decompile a computer program.

(2) The conditions are —(a)

the program is expressed in a low‑level language;

(b)

X is a lawful user of the program;

(c)

the decompiling is necessary to obtain the information needed for the purpose of creating an independent computer program that can be operated with the decompiled program or another computer program;

(d)

the information needed for that purpose is not otherwise readily available to X;

(e)

X confines the decompiling to acts that are needed for that purpose;

(f)

X does not use the information obtained from decompiling for anything other than that purpose;

(g)

X does not supply the information obtained from decompiling to any person unless it is necessary for that purpose;

(h)

X does not use the information obtained from decompiling to create a computer program that is substantially similar in its expression to the decompiled program; and

(i)

X does not use the information obtained from decompiling to do any act that is an infringement of copyright.

(3) In this section, “decompiling”, in relation to a computer program expressed in a low‑level language, means —(a)

converting the computer program into a version expressed in a higher level language; or

(b)

copying the computer program incidentally in the course of paragraph (a),

and “decompile” has a corresponding meaning.