[Fsfe-ie] EUCD/InfoSoc latest

Ciaran O'Riordan ciaran at member.fsf.org
Thu Dec 11 18:53:51 CET 2003

Ian Clarke <ian at locut.us> writes:
> Ciaran O'Riordan wrote:
> > Also, I mailed Tony McGrath, but I just told him the draft was quite
> > good be were concerned over the preservation of the publics right to
> > access a copyrighted work with their choice of software, commercial or
> > non-commercial.
> I am a bit confused,

confused about what?
my "the draft was quite good" comment?
my typos (s/be/but/)?
or something else?

> what about the current draft would prevent it
> from being used against something like decss?

The "protection-defeating device" definition may be problematic for
distribution of DeCSS etc., but other than that, use of DeCSS seems to
be protected by Item #5 of the draft:

 "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"

(chapter 6 of partII lists the publics fair dealing rights)

So yes, this draft does need some work, but the work is not substantial,
so I think we can "win" this one.  (as opposed to the UK implementation,
which would have required a rewrite, and the rewrite didn't happen, and
now they have sucky laws.)

I just got a reply from TmcG, he said he'll be happy to hear our
comments on Monday.  In my mail to him, I mentioned the "commercial"
requirement of the "protection-defeating devices" may be a problem. He
replied that he'll look into it and take our further comments on it.

Unfortunately, this directive is happening in real time.  If I'm
handling this wrongly, let me know, or if someone wants to take over,
I'll tell TmcG to redirect future correspondence to that person.

I made clear in my mail to him that we didn't have joint position
etc. yet, so I didn't put words in anyones mouth (or IFSO's mouth).

Ciaran O'Riordan - http://www.compsoc.com/~coriordan/

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