[Fsfe-ie] EUCD/InfoSoc latest

Ciaran O'Riordan ciaran at member.fsf.org
Thu Dec 11 20:32:25 CET 2003

Ian Clarke <ian at locut.us> writes:
> 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.

New evidence suggests that you're probably right.  The text of Item 5
replaces section 374 of the ICA2000.  The new text looks fine (to me),
but the old text ended with:
"or from undertaking any act of circumvention required to effect such
 permitted acts."

We need to get this sentence re-added.

> > 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,

ok.  But if I am, don't hold back in letting me know :-)
Ciaran O'Riordan - http://www.compsoc.com/~coriordan/

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