(1)It is not an infringement of copyright for a lawful user of a copy of a computer program to observe, study or test the functioning of the program in order to determine the ideas and principles which underlie any element of the program if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the program which he is entitled to do.
(2)Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void).
Cases considering section 50BA 4
[2025] EWHC 532 (TCC) · 10 March 2025Limits
Permits a lawful user to observe, study or test program functioning to determine underlying ideas and principles while performing authorised acts. The court confined the exception to functionality and rejected detailed analysis of expression and internal implementation. (see paras [238]-[240], [257]-[271])
[2018] EWHC 3452 (Comm) · 13 December 2018
The provision was cited as the domestic implementation of the Directive’s policy that permitted acts cannot be restricted by contrary contractual terms. It reinforced the conclusion that the relevant licence terms could not support enforcement. (see paras [171]-[180])
[2010] EWHC 1829 (Ch) · 23 July 2010Disapplies
The court held that section 50BA had to be interpreted consistently with Article 5(3) of the Software Directive. Its final scope depended on the reference to the Court of Justice. (see paras [161]; [291]-[315])
The court noted that contractual terms restricting acts permitted under section 50BA are void. This supported the provisional conclusion that the Learning Edition licence could not prevent permitted observation, study and testing. (see paras [161]; [291]; [311]-[315])
What each judgment says about section 50BA is in the case-law panel in the full Act.