Stevens vs Sony ADA Amicus Curiae submission

The ADA sought leave to intervene as amicus curaie in the High Court in proceedings between Eddy Stevens and Sony Entertainment regarding the the mod-chipping of Sony Playstation consoles. The ADA was successful in its amicus curaie application and made arguments before the High Court regarding the scope of the definition of 'technological protection measure' in section 116A of the Copyright Act.

The High Court held that the  ‘technical measure’ used by Sony was not a ‘technological protection measure’ within the meaning of the Act. In essence, Sony’s ‘device’ prevented pirated and other unauthorised disks from being used in Sony PlayStation consoles, whereas the High Court found that the definition of a TPM requires the device physically prevent infringement.

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