Subject: Re: new expanded DMCA-like law
To: None <netbsd-users@netbsd.org>
From: Thomas Michael Wanka <Tom@Wanka.at>
List: netbsd-users
Date: 09/11/2001 23:48:20
Hi,

On 11 Sep 2001, at 8:14, Steven M. Bellovin wrote:
> do so effectively aren't!  In Europe, under current law (based on my
> my reading of recent EU proposals) both copying and the tools are
> legal.  But companies are still, in general, allowed to try to prevent
> you from  making copies; they just don't have the force of law behind
> them.

there is no EU wide lawsystem right now, in Austria if you have 
rights, it is not legal to implement measures to prevent these rights. 
Basically, like with software, you purchase the right to use the data 
(music in that case), the medium is not relevant. That is, if your CD 
becomes defective, you have a right to get an exchange CD for the 
cost of shipping and handling (although to my knowledge that has 
not been prctised here, the music industry will not give you this 
exchange and most people will not claim their rights by court when it 
comes to a product worth only some USD). 

So if you cannot copy a CD anymore (because of the 
copyprotection) the manufacturer limits your free use of the rights 
you have paid for and has the obligation (and it has been reported 
that they have done it in some cases) to give you an exchange CD 
without this copyprotection. 

To the Austrian law such copyprotection is comparable to someone 
building a fence over a public street preventing people to use the 
street.

mike