R v Gilham [2009] EWCA Crim 2293 – Ss 16(3)(a) and 296ZB CDPA.
- circumvention of effective technological measures designed to prevent copyright infringement.
1) individual still images from a DVD shown on a television screen are themselves artistic works protected by copyright.
- even if the RAM of a game console at any time is not a substantial copy, the image on screen is.
2) the “little and often” point.
- playing a counterfeit DVD on a games console results in the making of a substantial part of the game, even though at any time there is in the RAM and on screen only a very small part of the copyright work.
3) complicated copyright issues should be dealt with by specialist judges in the Chancery Division.
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Related case digests
- R v Higgs [2008] EWCA Crim 1324 - Ss 16(3)(a) and 296ZB CDPA.
- enabling the playing of pirated or counterfeit computer games. - circumvention of effective technological measures designed to prevent copyright infringement. 1) not sufficient for technological measure to discourage or hinder copyright infringement unless it physically prevents it. 2) playing of counterfeit game may involve copying and hence constitute infringement.