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

David O'Callaghan david.ocallaghan at cs.tcd.ie
Sat Dec 13 18:52:09 CET 2003


Dé Déar, 2003-12-11 ag 11:13, scríobh Ian Clarke:
> What about:
> 
> "which has a limited purpose or use other than to facilitate the 
> infringement of copyright law through circumvention of a rights 
> protection measure".
> 
> I have removed "commercially significant" as I can't for the life of me 
> see what that phrase achieves.

I don't know either but in the Directive it states in Article 6.2b:

        Member States shall provide adequate legal protection against
        the manufacture, import, distribution, sale, rental,
        advertisement for sale or rental, or possession for commercial
        purposes of devices, products or components or the provision of
        services which:
        [...]
        
        (b) have only a limited commercially significant purpose or use
        other than to circumvent[...]
        any effective technological measures.
        
But technological measures are later defined to mean "any technology,
device or component that, in the normal course of its operation, is
designed to prevent or restrict acts, in respect of works or other
subject-matter, which are not authorised by the rightholder of any
copyright or any right related to copyright as provided for by law"

So does that mean that technological measures aren't technological
measures when they prevent or restrict acts which *are* authorised by
law?


David
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