Page:Copyright Act 2021.pdf/163

164 Decompilation of computer program by lawful user

239.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to decompile a computer program.

(2) The conditions are—
 * (a) the program is expressed in a low-level language;
 * (b) X is a lawful user of the program;
 * (c) the decompiling is necessary to obtain the information needed for the purpose of creating an independent computer program that can be operated with the decompiled program or another computer program;
 * (d) the information needed for that purpose is not otherwise readily available to X;
 * (e) X confines the decompiling to acts that are needed for that purpose;
 * (f) X does not use the information obtained from decompiling for anything other than that purpose;
 * (g) X does not supply the information obtained from decompiling to any person unless it is necessary for that purpose;
 * (h) X does not use the information obtained from decompiling to create a computer program that is substantially similar in its expression to the decompiled program; and
 * (i) X does not use the information obtained from decompiling to do any act that is an infringement of copyright.

(3) In this section, “decompiling”, in relation to a computer program expressed in a low-level language, means—
 * (a) converting the computer program into a version expressed in a higher level language; or
 * (b) copying the computer program incidentally in the course of paragraph (a),

and “decompile” has a corresponding meaning.