Thursday, 19 November 2009
Gilham v R [2009] EWCA Crim 2293 (09 November 2009)
On 19 September 2008 at the Crown Court at Worcester before H.H. Judge Hooper QC and a jury the appellant was convicted of a number of offences arising from his commercial dealing in so-called modification computer chips ("modchips"), which were alleged by the prosecution to be devices, products or components "primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention" of effective technological measures within the meaning of section 296ZB of the Copyright, Designs and Patents Act 1988 as amended ("the CDPA"). The offences of which he was convicted included importing, advertising and offering for sale, selling and possessing such devices in the course of a business. In addition, he was convicted of money-laundering offences relating to the proceeds of his sales of such devices.
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