[ubuntu-za] Copyright Law in New Zealand

Hilton Theunissen hilton at inkululeko.co.za
Wed Sep 24 05:44:08 BST 2008


We should suggest this to our incoming parliament
> http://legislation.govt.nz/act/public/2008/0027/latest/DLM1122604.html#DLM1122605


Decompilation of computer program

     *

       “(1) The lawful user of a copy of a computer program expressed in 
a low level language does not infringe copyright in the program by 
decompiling it, if the conditions in subsection (2) are met.

       “(2) The conditions referred to in subsection (1) are that—
           o

             “(a) decompilation is necessary to obtain information 
necessary for the objective of creating an independent program that can 
be operated with the program decompiled or with another program; and
           o

             “(b) the information obtained from the decompilation is not 
used for any purpose other than the objective referred to in paragraph (a).

       “(3) In particular, the conditions in subsection (2) are not met if—
           o

             “(a) the information necessary to create the independent 
program is readily available to the lawful user without decompiling the 
computer program; or
           o

             “(b) the lawful user does not confine decompilation of the 
computer program strictly to the steps that are necessary to create an 
independent program; or
           o

             “(c) the lawful user gives the information obtained from 
decompiling the computer program to any person when it is not necessary 
for creating an independent program to do so; or
           o

             “(d) the lawful user uses the information obtained from 
decompiling the computer program to create a program that is 
substantially similar in its expression to the program that has been 
decompiled; or
           o

             “(e) the lawful user uses the information obtained from 
decompiling the computer program to do any act that is restricted by 
copyright.

       “(4) In this section, decompile means—
           o

             “(a) to convert a computer program expressed in a low level 
language into a version expressed in a higher level language; or
           o

             “(b) to copy the program as a necessary incident of 
converting it into that version.

“80B Copying or adapting computer program if necessary for lawful use

     *

       “(1) The lawful user of a computer program (A) does not infringe 
copyright in it by copying or adapting it, if—
           o

             “(a) copying or adapting it is necessary for A’s lawful use 
of the program (for example, to correct an error in the program); and
           o

             “(b) a properly functioning and error-free copy of the 
program is not available to A within a reasonable time at an ordinary 
commercial price.

       “(2) This section does not apply to copying or adapting that is 
permitted under section 80A or 80C.

“80C Observing, studying, or testing of computer program

     *

       The lawful user of a computer program (A) does not infringe 
copyright in it by observing, studying, or testing the functioning of 
the program in order to determine the ideas and principles that underlie 
any element of the program if A does so while performing the acts of 
loading, displaying, running, transmitting, or storing the program that 
A is entitled to do.

“80D Certain contractual terms relating to use of computer programs have 
no effect

     *

       A term or condition in an agreement for the use of a computer 
program has no effect in so far as it prohibits or restricts any 
activity undertaken in accordance with section 80A(2) or 80B(1).”
-- 
Kind regards.

Hilton Theunissen
Inkululeko Technologies
Tel: +27 11 462 9124
Fax-to-mail: 086 603 5263
Mobile: +27 72 900800 1
E-mail: hilton at inkululeko.co.za
****Please visit********
http://www.tuxlab.org.za
http://www.theingots.org



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