Feeds

Exemptions exempted in Europe's DMCA

UK missing out

  • alert
  • submit to reddit

The Essential Guide to IT Transformation

The European equivalent DMCA is a done deal, but the implementation of opt-outs could make all the difference in each EU member state. And the United Kingdom is missing out.

Section 5.2 of the EU Copyright Directive provides a long list intended to protect cryptographers and academics, and preserve some notional 'fair use' for press and satirists, amongst others.

But the UK draft, published last week, has some key omissions.

"The Government has given us several but not all of the optional ones," says Julian Midgely, spokesman for the Campaign for Digital Rights.

The opt-outs are important: cryptographer Dmitri Sklyarov could not have been prosecuted under the EUCD for revealing details of Adobe's eBook encryption, but his employer Elcomsoft, most probably would have been liable for distributing software to bypass the crypto.

Midgely thinks the most onerous requirement is to ask the Secretary of State for access to these exemptions.

"It's quite common for an academic to play several samples of music to a class. He or she will now need to write the Secretary of State for permission for each sample, if the music is encrypted. It's ludicrous."

The EUCD also makes "providing a service" illegal, which would ensnare academics and publishers too.

However, it's not too late to point these out, ever so politely, to the British Patent Office, and start building momentum for a rewrite. The UK draft can be found here,
and the consultation process here

The battle was lost last year, with the entertainment lobby dominating the argument. Although it's less draconian, slightly, than the DMCA, it rather puts pay to the notion that Europeans are rather better and fighting the Pigopolists than the US, simply because the cheese is better here. (Which it is).

Related Link

Campaign for Digital Rights

Build a business case: developing custom apps

More from The Register

next story
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Amazon says Hachette should lower ebook prices, pay authors more
Oh yeah ... and a 30% cut for Amazon to seal the deal
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
Nintend-OH NO! Sorry, Mario – your profits are in another castle
Red-hatted mascot, red-colored logo, red-stained finance books
Sonos AXES support for Apple's iOS4 and 5
Want to use your iThing? You can't - it's too old
Joe Average isn't worth $10 a year to Mark Zuckerberg
The Social Network deflates the PC resurgence with mobile-only usage prediction
Chips are down at Broadcom: Thousands of workers laid off
Cellphone baseband device biz shuttered
Feel free to BONK on the TUBE, says Transport for London
Plus: Almost NOBODY uses pay-by-bonk on buses - Visa
Twitch rich as Google flicks $1bn hitch switch, claims snitch
Gameplay streaming biz and search king refuse to deny fresh gobble rumors
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.
Maximize storage efficiency across the enterprise
The HP StoreOnce backup solution offers highly flexible, centrally managed, and highly efficient data protection for any enterprise.