COPYRIGHT – circumvention devices – application by copyright owner under ss 116AN and 116AO of Copyright Act 1968 (Cth) (“the Act”) – interpretation of relevant definitions in s 10(1) of the Act – “technological protection measure” – “access control technological protection measure” – “controls access” – whether device, product technology or component requires application of information or process to “gain access” to work or other subject matter – whether device (etc.) used “in connection with the exercise of the copyright” – whether device (etc.) “in the normal course of its operation, prevents, inhibits or restricts the doing of an act comprised in the copyright” – definition of “circumvention device” in s 10(1) of the Act – where respondent manufactured and distributed the “Infamous Mod” – whether the Infamous Mod is or contains one or more circumvention devices for technological protection measures for computer game “Grand Theft Auto V” – application of s 116AN to acts of manufacture and distribution of Infamous Mod – whether act of manufacture or distribution is an act that results in circumvention of access control technological protection measure – where s 116AO expressly directed to acts of manufacture and distribution of circumvention device – whether s 116AN directed to use of device (etc.) rather than manufacture or distribution – consideration of legislative scheme
Held: respondent’s manufacture and distribution of Infamous Mod actionable under s 116AO but not s 116AN of the Act – declaratory and injunctive relief granted
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