§ 426 — Prohibition on dealing in circumventing devices

426.—(1) Subject to the provisions of this Division, a person infringes this section if the person deals (wilfully or otherwise) in a circumventing device.(2) For the purposes of this Division, a person (X) deals in a circumventing device if —(a)

a technological measure is applied —(i)

to a protected copy;

(ii)

by or with the authority of the rights owner of the protected copy; and

(iii)

in connection with the exercise of the copyright or the protection of the performance, as the case may be;

(b)

X deals in any device, product or component that —(i)

is promoted, advertised or marketed for the purpose of circumventing the technological measure;

(ii)

has only a limited commercially significant purpose or use other than to circumvent the technological measure; or

(iii)

is designed or made primarily for the purpose of circumventing the technological measure; and

(c)

X does so without the rights owner’s authority.

(3) For the purposes of this Division, a dealing in a circumventing device is wilful if and only if —(a)

in relation to subsection (2)(b)(i) — the promotion, advertising or marketing is —(i)

done by X personally; or

(ii)

personally authorised by X;

(b)

in relation to subsection (2)(b)(ii) — at the time of dealing, X knows or ought reasonably to know that the device, product or component has only a limited commercially significant purpose or use other than to circumvent the technological measure; and

(c)

in relation to subsection (2)(b)(iii) — at the time of dealing, X knows or ought reasonably to know that the device, product or component is designed or made primarily for the purpose of circumventing the technological measure.

—(1) Subject to the provisions of this Division, a person infringes this section if the person deals (wilfully or otherwise) in a circumventing device.

(2) For the purposes of this Division, a person (X) deals in a circumventing device if —(a)

a technological measure is applied —(i)

to a protected copy;

(ii)

by or with the authority of the rights owner of the protected copy; and

(iii)

in connection with the exercise of the copyright or the protection of the performance, as the case may be;

(b)

X deals in any device, product or component that —(i)

is promoted, advertised or marketed for the purpose of circumventing the technological measure;

(ii)

has only a limited commercially significant purpose or use other than to circumvent the technological measure; or

(iii)

is designed or made primarily for the purpose of circumventing the technological measure; and

(c)

X does so without the rights owner’s authority.

(3) For the purposes of this Division, a dealing in a circumventing device is wilful if and only if —(a)

in relation to subsection (2)(b)(i) — the promotion, advertising or marketing is —(i)

done by X personally; or

(ii)

personally authorised by X;

(b)

in relation to subsection (2)(b)(ii) — at the time of dealing, X knows or ought reasonably to know that the device, product or component has only a limited commercially significant purpose or use other than to circumvent the technological measure; and

(c)

in relation to subsection (2)(b)(iii) — at the time of dealing, X knows or ought reasonably to know that the device, product or component is designed or made primarily for the purpose of circumventing the technological measure.