Dave Crossland wrote:
296-1-b-ii: "(1) This section applies where (b) a person knowing or
having reason to believe that it will be used to make infringing
copies publishes information intended to enable or assist persons to
remove or circumvent the technical device."
So that user agent sniffing is a "technical device" not a "technical
protection measure" (which is the DMCA phrasing) - and anyone
innovating on iPlayer is acting unlawfully under that clause, to my
non-lawyer eyes.
The section you quote is about copyright infringement *of* computer
programs, and technical devices applied to computer programs to prevent
that. Nothing to do with user agent sniffing to download a non-computer
program copyright work.
Section 296ZA is about circumvention of technological measures, and uses the
phrase "effective technological measures", where "technological measures"
are any technology, device or component which is designed, in the normal
course of its operation, to protect a copyright work other than a computer
program; and Such measures are "effective" if the use of the work is
controlled by the copyright owner through - (a) an access control or
protection process such as encryption, scrambling or other transformation of
the work, or (b) a copy control mechanism, which achieves the intended
protection.
User agent sniffing is not, IMNALO an "effective technological measure" by
that definition.
ATB,
Matthew
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