On Technology Locks and the Proper Scope of Digital Copyright Laws - Sony in the High Court

Abstract

The High Court has granted special leave to appeal from the Full Federal Court's decision in Kabushiki Kaisha Sony Computer Entertainment v. Stevens, a case which raises important issues concerning the application of copyright law to a digital environment, and the interpretation of those provisions in the Copyright Amendment (Digital Agenda) Act which introduced 'paracopyright' laws which make it illegal to circumvent technologies used by copyright owners to control digital copies of their material. In this piece, Kimberlee Weatherall examines the case and its policy implications, and considers the various possible interpretations of the anti-circumvention provisions. She argues that, in light of the tortured legislative history of Digital Agenda amendments and current reviews, the unprecedented and expansive nature of these laws, and some of the comments about statutory interpretation in The Panel case, the High Court should take a cautious approach to interpreting these new laws.

Keywords: Sony, Stevens, copyright, digital, paracopyright, anti-circumvention provisions

JEL Classification: K30, K10, K11