(1) In an action by a plaintiff for infringement of copyright described in section 37 or 38:
(a) relating to the plaintiff's copyright in a literary work that is a computer program; and
(b) involving an article that has embodied in it a copy of the program;
it must be presumed, unless the defendant proves otherwise, that the copy is not a non-infringing copy so far as it relates to the plaintiff's copyright.
Note: Sections 37 and 38 deal with infringement of copyright in literary works (among other things) by commercial importation and dealings involving articles.
(2) The definition of article in section 38 does not affect this section.