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Journal of Intellectual Property Law & Practice Advance Access originally published online on October 3, 2006
Journal of Intellectual Property Law & Practice 2006 1(12):780-788; doi:10.1093/jiplp/jpl154
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© The Author (2006). Published by Oxford University Press. All rights reserved

Do mod chips infringe copyright? Some answers (and more questions) from the Alto Adige

Tom Guthrie *

Legal context. The Information Society Directive sought to achieve ‘increased legal certainty’ (Recital 4) as well as introducing legal safeguards for technical protection measures. The application of these provisions has not resulted in a uniform approach to the law and has incidentally raised a variety of as yet unresolved questions.

Key points. The article presents a description of the implementation of the technical protection measures safeguards into Italian law and then describes the outcomes of here cases each involving the application of these measures by Sony to their PlayStation systems. These decisions are then discussed in a comparative context and a variety of unresolved issues identified.

Practical significance. The scope of application of the provisions protecting technical measures is unclear and some of the arguments enforcing them in the context of the PlayStation are questionable. The application of different provisions to programs and to other works causes further difficulties.

*Senior Lecturer, School of Law, University of Glasgow


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