Criminal Law :Copyright Act 1987 - Section 41(1)(d) - Infringement of copyright work - Respondent acquitted and discharged for said offence by trial judge - Prosecution appealed against said decision - Whether element of "reproduction" under s 3 of Act successfully proven - Whether trial judge erred in receiving "good faith defence" by respondent

Copyright : Computer programs - Infringement - Respondent charged for reproduction of two CDs of games without getting permission - Trial judge acquitted and discharged respondent for said offence - Prosecution appealed against said decision - Whether element of "reproduction" under s 3 of Act successfully proven - Whether trial judge erred in receiving "good faith defence" by respondent

This was an appeal by the prosecution against the decision of the Sessions Court Judge ('the trial judge') to acquit and discharge the respondent for an offence under s 41(1)(d) of the Copyright Act 1987 ('the Act'). The respondent was the manager of a cyber cafe and was alleged to have failed to obtain a commercial license for the installation of the two CDs of games at the cafe and failed to get the permission in respect of its copyright. In his defence, the respondent submitted that he had bought two original CDs of the games from the agent of Sendi Mutiara Multimedia Sdn Bhd ('the company'), and this was supported by the "end user agreement" in which the company had agreed to supply copies of and grant licenses and rights to use the said games soft