And another Ubuntu convert!
gilles at gravier.org
Sun Jan 25 17:37:37 UTC 2009
Mario Vukelic wrote:
> 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:
> "Technological measures
> 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."
That's not news. I was part of the lobby effort to cancel this law. It's
NOT the DMCA. DMCA doesn't apply.
In France, the directive's implementation is called the DADVSI law.
It's not YET in effect (should come into effect in Feb)... if finally
voted (probably will be).
And... by the way... EU Directives are not a law. Member states are
asked to implement a local equivalent. Each state implements
differently. Not all do.
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