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Norway Sets the Example
posted by mpawlo on Wednesday April 09, @04:13PM
from the eucd dept.
Copyright Norway has presented its implementation of the European Copyright Directive (EUCD). EUCD is based on the the same WIPO Copyright Treaty as the U.S. Digital Millenium Copyright Act. Hence, EUCD contains provisions stating copyright protection of anti-circumvention devices. In the proposed Norweigan implementation anti-circumvention devices are protected, with the important excemption of circumvention done in the private sphere. Such circumvention of copy-protection measures should be allowed. Thus, a player making it possible to play the latest Robbie Williams Escapology CD under GNU/Linux may be permissible. Personally, I find it hard to interpret the EUCD in a way that makes such an excemption feasible and enforceable under EU law, but at least the suggestion from the Norweigan Kirke- og Kulturdepartementet will fuel a long-waited debate on the balance of intellectual property rights in Europe.

Norway will implement EUCD as a member of EEC, since Norway is not an EU member state.


The EUCD has so far only been implemented in Greece and Denmark. It is heavily delayed in all other member states. It should have entered into force on December 22, 2002.

Preview of article on the Norweigan implementation to be published by Swedish IDG (in Swedish, with links).

Edelman v N2H2 Dismissed | Finkelstein: Edelman Case Docs Up  >

 

 
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    Norway Sets the Example | Login/Create an Account | Top | 1 comments | Search Discussion
    Threshold:
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    A few clarifications (Score:0)
    by Anonymous Coward on Thursday April 10, @10:24AM (#656)

    It's EC law, not EU law.

    Norway is in the EEA, not the EEC/EC/EU.

    The legal basis for private circumvention may be available through the recognition in EC law of fundamental rights and freedoms almost exactly coextensive with those in ECHR, and on the basis of the limitations inherent in Article 9 of the EUCD itself; where circumvention is necessary to protect privacy or enable freedom or expression, it must be allowed. The Dutch implementation the 96 database directive relied on provisions analogous to Article 9.

    Martin Keegan (UK Campaign for Digital Rights)

    Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition. - Isaac Asimov

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