No. 26
Copyright
(i) is promoted, advertised or marketed for the purpose of
circumventing any device or means intended to prevent or
restrict reproduction, communication or performance of a
work, an expression of folklore, a performance, a sound
recording, a broadcast or a typographical arrangement, or to
impair the quality of copies made of any such work or subject
matter;
(ii) has only a limited commercially significant purpose
other than that mentioned in subparagraph (i); or
(iii) is primarily designed, produced or adapted to
circumvent the device as mentioned in subparagraph (i); or
susceptible to enable or assist the reception of an encrypted
programme which is broadcast or otherwise communicated to
the public, by those who are not entitled to receive the
programme;
(b) to offer to the public or provide services which have any
such effect as set out in paragraph (a); or
(c) to circumvent any such technological measure for the
purpose of committing an act which according to this Act is
subject to the consent of the owner of the right, except if the
circumvention is made for the sole purpose of achieving
interoperability of a computer programme with another
independently created computer programme, by a person having
lawful access to the computer programme, or on his behalf by a
person authorized to do so, but then only to the extent of__
(i) identifying and analyzing the specific elements of the
computer programme that are not readily available to the
person carrying out the circumvention, and that are necessary
to achieve such interoperability;
(ii) developing and employing technological means
necessary to carry out the activities specified in subparagraph
(i); or
(iii) making the information resulting from the activities in
subparagraph (i), or the means specified in subparagraph (ii)
available to others for the sole purpose of enabling
interoperability as described in this subsection.
(2) In the application of sections 94 to 97, any illicit device and
means mentioned in subsection (1), shall be associated with
infringing copies.
(3) A violation of this section shall be independent of any
infringement that might by reason of such violation occur under this
Act.
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