Re: [dvd-discuss] EUCD in Norway

[Lars Gaarden <larsg(at)eurorights.org>]

Mikael Pawlo wrote:
 > At 00.12 +0200 03-04-10, Lars Gaarden wrote:
 >> Mikael Pawlo wrote:
 >>
 >>> The most interesting part in my opinion:
 >>> "In the proposed Norweigan implementation anti-circumvention devices
 >>> are protected, with the ***important excemption of circumvention
 >>> done in the private sphere***."
 >>
 >> Well. Somewhat. But it does not matter much that circumvention for
 >> the purpose of private performance is exempted if the tools required
 >> to do so are illegal to distribute.
 >
 > Still, I find it hard to see how the excemption can be done in
 > accordance with EUCD in the first place.

I think it is pretty obvious. Look at 6.3 in EUCD:

"For the purposes of this Directive, the expression "technological
measures" means any technology [..] that [..] is designed to prevent or
restrict acts [..] which are not authorised by the rightholder of any
copyright or any right related to copyright as provided for by law or
the sui generis right provided for in Chapter III of Directive 96/9/EC"

Private performance of a work is not one of the copyright holder's
exclusive rights. A TPM that restricts private performance is not
protected by Article 6.

Then again, most TPMs try to block both private performance and
napsterisation so this loophole probably won't matter much. At least not
for the majority of people that can't write their own tools to benefit
from the exemption.

 > Anyway, it is great that Norway is attempting
 > a balanced path, since the Swedish take on the subject is due in late
 > May and the Nordic countries have a long tradition of following each
 > other in intellectual property issues.

Speaking of which - what is the status in Sweden regarding the copyright
exemption for private copies (as compared to the current §12 in
Norwegian opphavsrettslov and the new proposed §12 which is a heavy
lobotomy).

 > Please let me (and the list) know when the EFN analysis is posted on
 > the web site. I am sure a lot of people will be interested in it.

Will do.

-- 
LarsG