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Re: [LUG] OT: DMCA - Has the world gone crazy ? or is it just anAmerican thing ?



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Adrian Midgley wrote:
>
>>I believe only 2 of the 15 member countries of the EU have
>>adopted the changes by the deadline specified.
>
>
> It doesn't work that way.
>
> The EU law is law and applies to member states from the date
> given.

You said this before but I think you need to read the directive, as far
as I can tell it establishes a duty on member states to establish
legislation to meet a set of criteria (esp. under sanctions and
remedies) by December 2002.

The member states are required to establish a legal framework for rights
holders to be able to pursue those taking particular actions.

Presumably if the UK does not implement a legal framework that allows
rights holders to pursue me for infringing a technical measure, that is
an issue between the rights holder and the UK government (for failing to
comply with the directive).

The directive itself establishes no sanctions or remedies, gives no
guidance as to extent or limitations of liability other than to state
they should be; effective, proportionate and dissuasive, and gives no
indication how such actions might be brough under the UK legal system.

In fact from a purely legislative terms the directive doesn't even
indicate whether the sanctions should disuade the rights holder or the
infringer from further action. Lawyers would make terrible programmers I
suspect.

Certainly if a rights holder attempted to stop me from infringing a
technical measure, there is no provision in UK criminal law to act
under. Standing in a court of law saying "the UK government should have
outlawed this by now" is going to be of limited value as a prosecution
case I suspect.

> The EC is quite pro open source, and some of the people working
> in the relevant Directorate are hard and effective workers whom
> I have met, so don't go overboard.

I'm not sure what I might have been going overboard on.

The EC isn't going to be regarded as pro freesoftware when the majority
of proprietary data formats are protected from interoperability by
copyright law. It might support Open Source models, but we'll be back to
the current state with MP3, where every viewer for a format will have to
pay licence fee to the creator, which will clearly cut very hard at the
GNU GPL idea of giving copies of your software away.

People in one room paying them to grow stuff, and people in the next
room paying them to throw it away.....

 Simon

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