§ 427 — Prohibition on dealing in circumventing services

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

X personally performs the service primarily for the purpose of circumventing the technological measure; or

(ii)

X personally authorises the performance of the service 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 service.

(2) For the purposes of this Division, a person (X) deals in a circumventing service 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 service 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 performed 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 service 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 service 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) —(i)

X personally performs the service primarily for the purpose of circumventing the technological measure; or

(ii)

X personally authorises the performance of the service primarily for the purpose of circumventing the technological measure.