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Old 06-07-2012, 12:07 AM   #165
jl_carter
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Posts: 12
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Join Date: Sep 2010
Location: Rundu, Namibia => Melbourne, Australia
Device: PocketBook 360, Astak PocketPro
Quote:
Originally Posted by Lynx-lynx View Post
If this question has been asked and answered oft times before, then please excuse my ignorance in advance .....

Does your country (each person's) specifically have rules / regs / laws / that say one can not break DRM on a purchased ebook in order to read said ebook on a device of their choice? (I am not talking about copying the book to other persons)

If there is some kind of caveat written by the seller into the purchase 'agreement' of the ebook stating that one can't read the ebook on any other device, and no State / Federal law regarding this issue, then any inconsistency would more likely than not (?) go in favour of the State / Federal law than the selling agent's intentions - that is no binding reason why a person can not remove the DRM.

I'm not sure that Australia has a law that says that I can't remove DRM in order to read a book that I have purchased on any device I choose.
The Copyright Act 1968 (http://www.austlii.edu.au/au/legis/c...act/ca1968133/) sets out both civil and criminal sanctions against the circumvention of DRM:

COPYRIGHT ACT 1968 - SECT 116AN
Circumventing an access control technological protection measure

(1) An owner or exclusive licensee of the copyright in a work or other subject-matter may bring an action against a person if:

(a) the work or other subject-matter is protected by an access control technological protection measure; and

(b) the person does an act that results in the circumvention of the access control technological protection measure; and

(c) the person knows, or ought reasonably to know, that the act would have that result.

COPYRIGHT ACT 1968 - SECT 132APC
Circumventing an access control technological protection measure

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct results in the circumvention of a technological protection measure; and

(c) the technological protection measure is an access control technological protection measure; and

(d) the person engages in the conduct with the intention of obtaining a commercial advantage or profit.

Penalty: 60 penalty units.

The relevant exceptions and defences are set out in subsections (2) to (9) in each section.

So, if you do it for commercial advantage or profit, you're breaking the law: if you do it privately, you could be sued for damages in the unlikely event that the copyright holder knew about it.

JL
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