§ 430 — Exception — achieving interoperability between computer programs

430.—(1) A person may circumvent a technological measure by doing an act in relation to a protected copy that is a computer program if —(a)

the protected copy is not an infringing copy;

(b)

the act is done —(i)

in good faith;

(ii)

with respect to particular elements of the computer program that are not readily available to the person doing the act; and

(iii)

for the sole purpose of achieving interoperability of an independently created computer program with another computer program; and

(c)

the act does not infringe the copyright in the firstmentioned computer program.

(2) A person may deal in a circumventing device if —(a)

the device is used only in circumstances to which subsection (1) applies; or

(b)

at the time of dealing, the person does not know and could not reasonably have known that the device will be used in any other circumstances.

(3) A person may deal in a circumventing service if —(a)

the service is performed only in circumstances to which subsection (1) applies; or

(b)

at the time of dealing, the person does not know and could not reasonably have known that the service will be performed in any other circumstances.

—(1) A person may circumvent a technological measure by doing an act in relation to a protected copy that is a computer program if —(a)

the protected copy is not an infringing copy;

(b)

the act is done —(i)

in good faith;

(ii)

with respect to particular elements of the computer program that are not readily available to the person doing the act; and

(iii)

for the sole purpose of achieving interoperability of an independently created computer program with another computer program; and

(c)

the act does not infringe the copyright in the firstmentioned computer program.

(2) A person may deal in a circumventing device if —(a)

the device is used only in circumstances to which subsection (1) applies; or

(b)

at the time of dealing, the person does not know and could not reasonably have known that the device will be used in any other circumstances.

(3) A person may deal in a circumventing service if —(a)

the service is performed only in circumstances to which subsection (1) applies; or

(b)

at the time of dealing, the person does not know and could not reasonably have known that the service will be performed in any other circumstances.