[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: [dvd-discuss] dmca international?

I guess the question is that while COPYRIGHT applies to works, the DMCA is 
not a law regarding copyrights but "protecting" access and prohibiting 
tools that "circumvent" access schemes. Confusing the medium (e.g., DVD) 
with the copyrighted material (the film) is the problem with the DMCA and 
its interpretation by the courts. In that sense, the the DMCA provisions 
on the medium are not applicable to the agreements two countries may make 
on the material and do not apply inside another country perse unless they 
define some receprocity agreement with another nation specifically on the 

Tom <tom@lemuria.org>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
01/16/02 05:29 AM
Please respond to dvd-discuss

        To:     dvd-discuss@eon.law.harvard.edu
        Subject:        [dvd-discuss] dmca international?

(I'm not subscribed to that dmca-discuss list I sometimes hear about.
if someone wants to forward this there, please feel free to do so)

I work for a german ISP, and we have been getting a "DMCA takedown
notice" from a california law company on behalf of adobe recently. this
prompted our legal department to write a report on whether or not the
DMCA applies to us (10000+ km away from the US).

you'd think that is a no-brainer, unfortunately, it ain't. the legal
eagle came up with the conclusion that international law grants
copyright holders the same protection internationally as in the law
"for which the (copyright) protection was sought". in short, the DMCA
does absolutely apply.

I'd love to hear opinions on this, preferably from law experts, because
I would (obviously) much prefer my company to stand up to this instead
of falling over backwards.

pub  1024D/D88D35A6 2001-11-14 Tom Vogt <tom@lemuria.org>
     Key fingerprint = 276B B7BB E4D8 FCCE DB8F  F965 310B 811A D88D 35A6