[Fsfe-ie] EUCD/InfoSoc latest

Ian Clarke ian at locut.us
Thu Dec 11 19:53:35 CET 2003

Ciaran O'Riordan wrote:
> [snip]...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)

Ok, this is what I am confused about.  My concern is that while the act 
itself might not prevent people from exercising their rights under 6-II, 
the act would still protect DRM that prevents people from exercising 
their rights under 6-II.  Clearly, *we* wouldn't choose to interpret it 
like that, but it is entirely possible that a court could.

To address this, a protection measure should lose the protection 
afforded to it by the law if it prevents people from exercising their 
"fair dealing" rights.  If we don't do this, the act would effectively 
(but not explicitly) be the end of fair dealing in Irish copyright law.

> 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 am certainly not suggesting that you are doing anything wrong, I just 
want to make sure I understand your thinking.  It is clear that you are 
much more familiar than I am with this stuff.

All the best,


More information about the FSFE-IE mailing list