As summarized by David Webber of the Melbourne office of Davies Collison Cave in Australia, the Australian High Court has allowed an appeal by Eddie Stevens who was previously found to have circumvented a technical protection measure in Sony’s PlayStation console.

“The High Court considered that the PlayStation did not include a ‘technical protection measure’, as defined in the Australian Copyright Act 1968 (Cth) because it did not prevent any copyright infringement. It was considered that any infringement would have already occurred through burning a CD-ROM for play in the console, and the mod chip installed by Mr Stevens was used for a different purpose, ie subsequent play of the game. Based on the evidence submitted by Sony, it was not established that any infringement under the Act occurred merely by playing the game.”

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