Before the High Court: On technology locks and the proper scope of digital copyright - Sony in the High Court

Weatherall, K. (2004) Before the High Court: On technology locks and the proper scope of digital copyright - Sony in the High Court. Sydney Law Review, 26 4: 613-638.

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Author Weatherall, K.
Title Before the High Court: On technology locks and the proper scope of digital copyright - Sony in the High Court
Journal name Sydney Law Review   Check publisher's open access policy
ISSN 0082-0512
Publication date 2004
Sub-type Article (original research)
Volume 26
Issue 4
Start page 613
End page 638
Total pages 26
Editor I. Shearer
Place of publication Sydney, Australia
Publisher Thomson Legal & Regulatory
Language eng
Subject 1801 Law
Abstract The High Court has granted special leave to appeal from the Full Federal Court's decision in Kabllshiki Kaisha Sony Computer Entertainment v Stevens, a case which raises important issues concerning the application of copyright law to a digital environment, and the interpretation of those provisions in the Copyright Amendment (Digital Agenda) Act which introduced 'paracopyright' - laws which make it illegal to circumvent technologies used by copyright owners to control digital copies of their material. In this piece, Kimberlee Weathcrall examines the case and its policy implications, and considers the various possible interpretations of the anti-circumvention provisions. She argues that, in light of the tortured legislative history of Digital Agenda amendments and current reviews, the unprecedented and expansive nature of these laws, and some of the comments about statutory interpretation in The Pone! case, the High Court should take a cautious approach to interpreting these new laws.
Keyword Law and legislation
Litigation
Digital technology
Copyright
Laser discs
Appeals
International Law
Treaties
Q-Index Code C1

Document type: Journal Article
Sub-type: Article (original research)
Collections: Excellence in Research Australia (ERA) - Collection
TC Beirne School of Law Publications
 
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Created: Tue, 10 Feb 2009, 11:00:54 EST by Gina Velli on behalf of Faculty of Business, Economics & Law