On Sat, May 11, 2002 at 04:09:05PM +0200, Arnoud Galactus Engelfriet wrote: > Do you think there is a conflict between the 1991 Directive > and the current EUCD?
Well, the 91/250/EEC directive gives users the right to reverse-engineer a computer program for interoperability (article 5 and 6). This should make it legal to reverse-engineer _every_ kind of software --- for example, a piece of code that "protects" a copyrighted work, just like an e-book.
The EUCD was written to make the latter kind of activity illegal --- and, of course, it contains a bit of trickery to forbid the reverse-engineering of "effective technological measures," without formally conflicting with the 91/250/EEC directive. More in detail:
* at the beginning (paragraph 50) it is said that the 91/250/EEC directive still applies to computer programs: you can circumvent a "technological measure" if it protects a program that you want to reverse-engineer;
* but what happens when a "technological measure" is not applied to programs, but to other copyrighted works? Paragraphs 6.1 and 6.2 say that it is illegal to circumvent it and/or help other people to do the same;
* finally, paragraph 6.3 defines these "technological measures" in a way that is not strictly related to software. It makes the 91/250/EEC directive irrelevant, and you are forbidden to reverse-engineer a "technological measure" when it is used to protect, for example, a DVD, or an e-book.
Regards,
Alceste