/ 9.8/30 “...rudimentary digital copyright regime” -GIPC International IP Index 2014 ©Banksy Technological Protection Measures 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) Types Access Control Copy Control KEY TERMS 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 requiring 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 ANTI-DRM RATIONALE - 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 NIGERIA - 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. 1996). Questions? THANK YOU!