§ 431 — Exception — research on encryption technology

431.—(1) A person may circumvent an access control measure by doing an act in relation to a protected copy if —(a)

the act is done in the course of research on any encryption technology and is needed to conduct that research;

(b)

the person —(i)

is engaged in a legitimate course of study in the field of encryption technology;

(ii)

is employed or appropriately trained or experienced in that field; or

(iii)

is doing the act on behalf of a person so engaged, employed, trained or experienced;

(c)

the act is done in good faith;

(d)

the protected copy is not an infringing copy;

(e)

the person doing the act has made a reasonable effort to obtain the authorisation of the rights owner;

(f)

the act is not a rights infringement in relation to the protected copy; and

(g)

the act does not violate any written law other than this Act.

(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.

(4) In this section, “encryption technology” means any technology for scrambling and descrambling information using mathematical formulae or algorithms.

—(1) A person may circumvent an access control measure by doing an act in relation to a protected copy if —(a)

the act is done in the course of research on any encryption technology and is needed to conduct that research;

(b)

the person —(i)

is engaged in a legitimate course of study in the field of encryption technology;

(ii)

is employed or appropriately trained or experienced in that field; or

(iii)

is doing the act on behalf of a person so engaged, employed, trained or experienced;

(c)

the act is done in good faith;

(d)

the protected copy is not an infringing copy;

(e)

the person doing the act has made a reasonable effort to obtain the authorisation of the rights owner;

(f)

the act is not a rights infringement in relation to the protected copy; and

(g)

the act does not violate any written law other than this Act.

(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.

(4) In this section, “encryption technology” means any technology for scrambling and descrambling information using mathematical formulae or algorithms.