[Fsfe-ie] EU direcitves being rushed into Ireland before presidency

David O'Callaghan david.ocallaghan at cs.tcd.ie
Wed Dec 10 17:47:17 CET 2003

On Wed, 2003-12-10 at 16:09, Ian Clarke wrote:
> Ciaran O'Riordan wrote:
> > It defines a "protection defeating device" as being one "which has only
> > a limited commercially significant purpose or use other than to
> > circumvent any rights protection measure"
> There is another dangerous ambiguity here.  What if the device's purpose 
> is to "circumvent any rights protection measure" for the purpose of 
> allowing fair use/dealing?

Perhaps I'm being naïve, but this seems to be covered by the following:

        5. The Act of 2000 is amended by substituting for section 374
        the following:
        Rights Protection Measures and Permitted Acts
        “(1) Nothing in this Chapter shall be construed as operating to
        prevent any person from undertaking the acts permitted -
        (a) in relation to works protected by copyright under Chapter 6
        of Part II,
        (b) in relation to performances, by Chapter 4  of Part III, or
        (c) in relation to databases, by Chapter 8  of Part V.
        (2) Where the beneficiary has legal access to the protected work
        or subject-matter concerned, the rightsholder shall make
        available to the beneficiary the means of benefitting from the
        permitted act.
        (3) In the event of a dispute arising, either party may apply to
        the High Court for an order requiring a person to do or to
        refrain from doing anything the doing or refraining from doing
        of which is necessary to ensure compliance by that person with
        the provisions of these Regulations.”.

I haven't followed the references but this suggests to me that the
permitted acts that a person may perform cannot be arbitrarily denied by
rights protection measures. 

But, perhaps a film studio would claim that I don't have a legal right
to watch the contents of a region 1 (American) DVD on a region 2
(European) player because I implicitly agreed to their licensing terms
when buying the DVD. 


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