Page:Copyright Act 2021.pdf/277

278 :(b) X deals in any device, product or component 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 designed or made 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 device 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 device, product or component 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)—at the time of dealing, X knows or ought reasonably to know that the device, product or component is designed or made primarily for the purpose of circumventing the technological measure.

Prohibition on dealing in circumventing services

427.—(1) Subject to the provisions of this Division, a person infringes this section if the person deals (wilfully or otherwise) in a circumventing service.

(2) For the purposes of this Division, a person (X) deals in a circumventing service if—
 * (a) a technological measure is applied—
 * (i) to a protected copy;