[Free-sklyarov-uk] European DMCA equivalent - useful documents

[Dan Ackroyd]

Hi all,

The US Free Sklyarov mailing list had some useful links to the European
Union Copyright Directive, and I thought I'd forward them for people's
reference.

The final official May 22 version is here:
http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdo
c&numdoc=32001L0029&lg=EN


Although I read and could mostly understand the US DMCA, it seems that the
EUCD is written in even more tangled Legalese. I _think_ the section below
is the crux of the document.

>From the Directive:

<snip>
CHAPTER III
PROTECTION OF TECHNOLOGICAL MEASURES AND RIGHTS-MANAGEMENT INFORMATION
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:

(c) are primarily designed, produced, adapted or performed for the purpose
of enabling or facilitating the circumvention of, any effective
technological measures.

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
</snip>


As far as I read it (and I'm a programmer not a lawyer), that this sections
means that:

1) It is illegal to circumvent any technological restriction on accessing
data that is copyrighted.
2) It is illegal to sell any product that circumvents access restrictions.


Hmm, that doesn't sound good at all.

cheers
dan



-------- Original Message --------
Date: Mon, 20 Aug 2001 16:42:14 +0200
From: Bernard Lang <Bernard.Lang at inria.fr>

??  european DMCA

well it has been published ... and is pretty bad


english
http://europa.eu.int/comm/internal_market/en/intprop/news/copyright.htm
http://europa.eu.int/comm/internal_market/en/intprop/news/com29en.pdf
  directive:
http://europa.eu.int/eur-lex/en/dat/2001/l_167/l_16720010622en00100019.pdf

french
http://europa.eu.int/comm/internal_market/fr/intprop/news/copyright.htm
http://europa.eu.int/comm/internal_market/en/intprop/news/com29fr.pdf
  directive:
http://europa.eu.int/eur-lex/fr/dat/2001/l_167/l_16720010622fr00100019.pdf
( also http://freescape.attila-php.net/DOCUS/Direuropeenne.pdf
( or   http://pauillac.inria.fr/~lang/patents/DirPLASI_010522.pdf


other documents:
http://europa.eu.int/comm/internal_market/en/intprop/news/index.htm

Recent Intellectual Property Legislative Developments in the European
                   Union: Copyright and Related Rights (Fordham April
2001) 
http://europa.eu.int/comm/internal_market/en/intprop/news/fordh2001.pdf

MANAGEMENT AND LEGITIMATE USE OF INTELLECTUAL PROPERTY
 International conference (Strasbourg 9-11 July 2000) - Proceedings
english:
http://europa.eu.int/comm/internal_market/en/intprop/news/strasbourg2_en.pdf
French:
http://europa.eu.int/comm/internal_market/en/intprop/news/strasbourg2_fr.pdf







	Daniel Ackroyd
	Programmer, Intelligent Games. 
	IG House, Palliser Road, London, W14 9EB, UK.
	Email: dackroyd at igl.co.uk <mailto:dackroyd at igl.co.uk>	
	Internet: www.igl.co.uk <http://www.igl.co.uk>

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