On Technology Locks and the Proper Scope of Digital Copyright Laws — Sony in the High Court

Kimberlee G. Weatherall, University of Melbourne, Australia

Abstract

The High Court of Australia granted special leave to appeal from the Full Federal Court’s decision in Kabushiki Kaisha Sony Computer Entertainment v Stevens, an Australian case which raised important issues concerning the application of copyright law to a digital environment, and the interpretation of those provisions in the Copyright Amendment (Digital Agenda) Act which introduced ‘paracopyright’ — laws which make it illegal to circumvent technologies used by copyright owners to control digital copies of their material. This article, written prior to the High Court decision, considers the case and its policy implications, and considers the various possible interpretations of the anti-circumvention provisions. It argued that, in light of the tortured legislative history of Digital Agenda amendments and current reviews, the unprecedented and expansive nature of these laws, and some of the comments about statutory interpretation in The Panel case, the High Court should take a cautious approach to interpreting these new laws. The article was cited, and relied on, in the final High Court decision.