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Re: [LUG] [Fwd: [Fsfe-uk] UKPTO: Guidance for businesses aboutchanges to copyright law]



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Adrian Midgley wrote:
> On Sunday 05 January 2003 02:11, you wrote:
>
> I think a useful line of attack is on "fair use".

Alas "fair use" is a US legal term :-(

Fair dealing might work, but you have to appreciate this is a
shift in the basis of copyright, at least as far as works
protected by technical measures - which will include pretty much
all CD's and DVD's soon if the music and film publishing giants
get their way.

> The more widely fair use is interpreted the less trouble we
risk for doing
> sensible things.
>
> I buy a DVD,  In order to use it I need to descramble it.  How
can doing such
> a thing not be fair use.  For instance.

If the tool you use for descrambling is not authorised by the
scrambler, your possession of it constitutes a criminal offence
under the new rules. Think of it like a gun, up till recently it
was okay to shoot rabbits, but the law changed and owning the
gun is now illegal.

More specifically it is likely to be illegal to make and
distribute such software, ownership is likely to be illegal only
if you use it for copying. But if you can't legally obtain it in
the first place....

The requirement is likely to be "commercial significant non
infringing uses", although what "commercially significant" means
the nice guys from the patent office could not answer. The fear
of course is that the law will be used to bully free software
authors - who may have trouble proving a commercial significant
non-infringing use - even if a lot of people use it for
non-infringing uses.

The whole basis of copyright law is shifted by these amendments,
you now only own the media, the control of the content remains
with the copyright holder, attempts to move it across media
where the copyright holder has attempted to prevent this by
technical means will be illegal.

So had you wanted to rip your CD's to play on you car's MP3
player - nope that is going to be illegal.

I don't think the public will take much notice of the new law,
but laws that everyone ignores just bring the legal system into
disrepute.
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