Gilham v Regina: CACD 9 Nov 2009

The defendant appealed against his conviction under the 1988 Act as amended. He had sold ‘modchips’ which were used to circumvent copyright protection measures in games consoles.
Held: The appeal failed. The prosecution had remedied the defect found in Higgs. The use of the DVD of the game involved the copying of copyright images to the games console, and since this was done without a licence and therefore infringing, and was facilitated by the defendant, he was guilty of the offence. Though here might be doubt about whether the volumes of code copied were substantial relative to the whole, the images were each copied entirely, and this was therefore substantial.

Lord Justice Stanley Burnton, Mr Justice Penry-Davey and Mrs Justice Sharp
[2009] EWCA Crim 2293, Times 12-Jan-2009
Copyright, Designs and Patents Act 1988 296ZB, Copyright and Related Rights Regulations 2003 (SI 2003 No 2498) 2491)
England and Wales
CitedHiggs v Regina CACD 24-Jun-2008
The defendant appealed against his conviction under the section. He ran a business fitting modifying chips to games consoles allowing them to play non-certificated games CDs.
Held: The appeal was allowed. It was not suggested that the use of a . .
CitedKing Features Syndicate Inc v O and M Kleeman Ltd HL 1941
The owners of copyright in drawings of ‘Popeye, the Sailor’ sued importers of ‘Popeye’ dolls and other toys. The defendants contended that the copyright in the original work had been lost by the operation of section 22 of the 1911 Act because the . .

Lists of cited by and citing cases may be incomplete.

Crime, Intellectual Property

Updated: 01 November 2021; Ref: scu.377786