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The Australian Sony PlayStation Case and the Implementation of the Australia-US Free Trade Agreement (AUSFTA)

Fitzgerald, Brian F. & Suzor, Nicolas P. (2006) The Australian Sony PlayStation Case and the Implementation of the Australia-US Free Trade Agreement (AUSFTA). .

Abstract

In this paper, we consider the definition of 'Technological Protection Measure' and the meaning of 'Effective Technological Measure' (ETM) in Article 17.4.7 of the Australia-United States Free Trade Agreement (AUSFTA). We consider the effect of the recent High Court decision in Stevens v Kabushiki Kaisha Sony Computer Entertainment [2005] HCA 58 and the emphasis of the court on upholding consumer interests. We also consider the recommendations of the House of Representatives Standing Committee on Legal And Constitutional Affairs (LACA) with respect to Art 17.4.7, and the way in which these recommendations can be implemented to protect the legitimate interests of both copyright holders and consumers, while staying within the boundaries of our international obligations. We conclude that the recommendation that liability for circumvention of technological measures should be linked to copyright infringement, and that the LACA recommendation, the text of the AUSFTA, and a recent US Court of Appeals decision in StorageTek v Custom Hardware Engineering ((2005) 421 F.3d 1307) all provide support for this proposition.

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ID Code: 4173
Item Type: Journal Article
Keywords: PlayStation, mod, chip, DMCA, TPM, ETM, Technological Protection Measure, Effective Technological Measure, Anti, circumvention, Stevens, StorageTek, Storage Tech, AUSFTA, Australia, US Free Trade Agreement
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Law (excl. International Trade Law) (180116)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2006 (please consult author)
Deposited On: 17 May 2006
Last Modified: 09 Jun 2010 22:32

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