This page has been proofread, but needs to be validated.
COPYRIGHT
281


(e) the act is not a rights infringement in relation to the protected copy; and
(f) the act does not violate any written law other than this Act.

Exception—achieving interoperability between computer programs

430.—(1) A person may circumvent a technological measure by doing an act in relation to a protected copy that is a computer program if—

(a) the protected copy is not an infringing copy;
(b) the act is done—
(i) in good faith;
(ii) with respect to particular elements of the computer program that are not readily available to the person doing the act; and
(iii) for the sole purpose of achieving interoperability of an independently created computer program with another computer program; and
(c) the act does not infringe the copyright in the firstmentioned computer program.

(2) A person may deal in a circumventing device if—

(a) the device is used only in circumstances to which subsection (1) applies; or
(b) at the time of dealing, the person does not know and could not reasonably have known that the device will be used in any other circumstances.

(3) A person may deal in a circumventing service if—

(a) the service is performed only in circumstances to which subsection (1) applies; or
(b) at the time of dealing, the person does not know and could not reasonably have known that the service will be performed in any other circumstances.