— 14 — file. His friends A, B and C ask for copies. The academic creates electronic copies and sends the reproduced document files as email attachments to A, B and C. Giving “distribution” its ordinary meaning, he has distributed electronic copies of his work without delivery of any physical storage device to the recipients. (b) A computer user decides to install anti-virus software on his computer and purchases an online copy of such a program. He pays by credit card and a copy of the program is transmitted to him via the internet to be downloaded onto his computer and activated to give protection against computer viruses. That copy is in electronic form and has been bought, sold and delivered via the medium of the internet without anyone delivering a disk or other storage medium containing that program. This is a common method adopted for distributing copies of computer programs. Each electronic copy sold is distinguishable from any other such copy and each commonly requires a distinct code or “product key” for activation. 41. It is of course true that an electronic copy will often be stored in a disk or some similar tangible object which is capable of and intended for physical delivery. But use of such a storage device is not an essential condition for the transfer or distribution of an electronic copy. An internet network made up of linked computers is no less tangible and effective a medium for its transmission. 42. Mr Pun seeks support for his argument from various sections which, he submits, show that the Ordinance treats copies as physical objects capable of being dealt with as such because it envisages copies being bought, sold, exported, imported and so forth. He points, for example, to acts of

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