COPYRIGHT
279
- (ii) by or with the authority of the rights owner of the protected copy; and
- (iii) in connection with the exercise of the copyright or the protection of the performance, as the case may be;
- (b) X deals in any service that—
- (i) is promoted, advertised or marketed for the purpose of circumventing the measure;
- (ii) has only a limited commercially significant purpose or use other than to circumvent the measure; or
- (iii) is performed primarily for the purpose of circumventing the measure; and
- (c) X does so without the rights owner’s authority.
(3) For the purposes of this Division, a dealing in a circumventing service is wilful if and only if—
- (a) in relation to subsection (2)(b)(i)—the promotion, advertising or marketing is—
- (i) done by X personally; or
- (ii) personally authorised by X;
- (b) in relation to subsection (2)(b)(ii)—at the time of dealing, X knows or ought reasonably to know that the service has only a limited commercially significant purpose or use other than to circumvent the technological measure; and
- (c) in relation to subsection (2)(b)(iii)—
- (i) X personally performs the service primarily for the purpose of circumventing the technological measure; or
- (ii) X personally authorises the performance of the service primarily for the purpose of circumventing the technological measure.
