s 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.