Week 4 SOO- Technology Protective Measures

“...rudimentary digital copyright regime”
-GIPC International IP Index 2014
Technological Protection
A broad term that covers many
different types of technologies used
to control access to or copying of
copyright content.
***means any process, treatment, mechanism, device, or
system that in the normal course of its operation prevents or
inhibits the infringement of copyright in a TPM work; but for
the avoidance of doubt, does not include a process, treatment,
mechanism, device, or system to the extent that, in the normal
course of operation, it only controls any access to a work for
non-infringing purposes- Copyright (New Technologies)
Amendment Act 2008 (New Zealand)
Access Control
Copy Control
Circumvention Devices
Technologies used to remove,
disable or circumvent TPMs
TPM Technologies
Limited Install Activations (LIA)
Treating legitimate customers
like criminals
Placing limits on the number of systems
which the program can be installed on by
authentication with an online server
Persistent Online Authentication
requires a consumer to remain connected
to a server, especially through an internet
connection, to use a particular product.
2008: Prince of Persia ‘to see how truthful people really are’. 23,000 leeches
on two torrents within 24 hours of its release!!! -Tweakguides
Software Tampering
the deliberate altering or adulteration of a product,
package, or system on suspicion of piracy
A special enemy appears constantly attacking
the player until they are killed
Guns lose accuracy. Players turn into birds
- Too much control
- Affects Non-Infringers
- In Excess of the Copyright Holder’s Bundle of Rights
Judicial Perspective
Largely in favour of the copyright owner.
Deleted purchased copies
of George Orwell’s 1984
and Animal Farm because
of unauthorized
production of the e-books
New perspective in the EU. In 2012, the EU court held
that a copyright holder EXHAUSTS his rights to
distribution within the EU when he sells a copy
- Signed the WIPO Copyright Treaty (WCT)
1996 in 1997 but we have not
ratified/domesticated it in Nigeria.
- The Copyright Act (Amendment Bill) 2011
“Provides for TPMs and ISP Liability” (sections 3, 4,
7, 8, 9)
- “Secondary Liability”
ISPs/Platform providers can be sued for
Contributory Infringement or Vicarious
Infringement. (Gatekeeper’s Theory) Fonovisa
Inc. v. Cherry Auction, Inc. 76 F.3d 259 (9th Cir.