And another Ubuntu convert!

Mario Vukelic mario.vukelic at
Mon Jan 26 18:39:32 UTC 2009

On Sun, 2009-01-25 at 22:53 -0400, Derek Broughton wrote:
> Yes, but as Gilles says, that isn't law, 

Yeah I was sloppy, sorry. OTOH, it is frankly impossible to track which
directives were already turned into laws by which member countries. And
relying on this particular directive not being turned into a law
somewhere is risky.

And at least according to Wikipedia: "As of September 2006, only Spain
and the Czech Republic had yet to implement the Directive at the federal
level. Some implementation measures include:

      * Finland: 2005 amendment to the Finnish Copyright Act and Penal
      * France: Loi no. 2006-961 du 1er août 2006 relative au droit
        d'auteur et aux droits voisins dans la société de l'information,
        better known as DADVSI 
      * United Kingdom: Copyright and Related Rights Regulations 2003"

> and in any case it doesn't make the 
> same restrictions as DMCA.

As far as deCSS goes it does, if I am not stupid (though IANAL). Chapter
III, Article 6:


Article 6

Obligations as to technological measures

1. Member States shall provide adequate legal protection against the
circumvention of any effective technological measures, which the person
concerned carries out in the knowledge, or with reasonable grounds to
know, that he or she is pursuing that objective.

2. Member States shall provide adequate legal protection against the
manufacture, import, distribution, sale, rental, advertisement for sale
or rental, or possession for commercial purposes of devices, products or
components or the provision of services which:

(a) are promoted, advertised or marketed for the purpose of
circumvention of, or

(b) have only a limited commercially significant purpose or use other
than to circumvent, or

(c) are primarily designed, produced, adapted or performed for the
purpose of enabling or facilitating the circumvention of,

any effective technological measures.

3. For the purposes of this Directive, the expression "technological
measures" means any technology, device or component that, in the normal
course of its operation, is designed to prevent or restrict acts, in
respect of works or other subject-matter, which are not authorised by
the rightholder of any copyright or any right related to copyright as
provided for by law or the sui generis right provided for in Chapter III
of Directive 96/9/EC. Technological measures shall be deemed "effective"
where the use of a protected work or other subject-matter is controlled
by the rightholders through application of an access control or
protection process, such as encryption, scrambling or other
transformation of the work or other subject-matter or a copy control
mechanism, which achieves the protection objective."

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