[Free-sklyarov-uk] Modchips ruled legal in Australia.

[Dan Ackroyd]

http://slashdot.org/articles/02/07/26/123220.shtml

http://www.austlii.edu.au/au/cases/cth/federal_ct/2002/906.html


"The Australian Competition and Consumer Commission disputed the alternative
theory advanced by the applicants, namely that the protective device was
designed to prevent or inhibit the infringement of copyright that would
otherwise occur by reasons of a substantial portion of the computer program
on the PlayStation game being reproduced in the console's RAM. 

Contrary to the applicants' submissions, any reproduction of part of the
program in the console's RAM is not a reproduction "in a material form" for
the purposes of s 31 (1)(a)(i) of the Copyright Act since there was no
evidence that the computer program itself, or a substantial part of it, can
be reproduced from the data temporarily stored in the RAM. 

Thus the fact that the data stored in the RAM can be used, .., to reproduce
the visual or caption content data does not mean that the computer program
can be reproduced in a material form." 

Would this argument be applicable in the UK ?


cheers
dan