And another Ubuntu convert!
mario.vukelic at dantian.org
Sun Jan 25 11:24:46 UTC 2009
On Thu, 2009-01-22 at 07:06 +0100, Gilles Gravier wrote:
> DMCA doesn't apply in France. Only in the USA...
I have news for you:
Article 6 of the Directive provides protection for "technological
measures", any technology device or component which is designed to
restrict or prevent certain acts which are not authorised by the
rightholder. Member States must provide "adequate legal protection",
which may be civil, criminal or a mix of the two. Technological measures
are only protected if they are "effective", which means not when they
actually work but when they have been successfully implemented. A simple
password is thus "effective" irrespective of the ease with which it may
be cracked. Rightholders who use such anti-circumvention measures must
allow reproduction which is permitted under the limitations to copyright
protection [Art. 6(4)]. Digital rights management information is
similarly protected (Art. 7).
Unlike Section 1201 of the Digital Millennium Copyright Act, which only
prohibits circumvention of access control measures, InfoSoc Directive
also prohibits circumvention of copy protection measures, making it
potentially more restrictive. In both DMCA and InfoSoc Directive,
production, distribution etc. of equipment used to circumvent both
access and copy-protection is prohibited. Under DMCA, a potential user
who wants to avail herself of an alleged fair use privilege to crack
copy protection (which is not prohibited) would have to do it herself
since no equipment would lawfully be marketed for that purpose. Under
InfoSoc Directive, this possibility would not be available since
circumvention of copy protection is illegal."
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