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Old 02-01-2012, 10:19 AM   #13
murraypaul
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Quote:
Originally Posted by HarryT View Post
That's absolutely right. Each member state needs to pass legislation to enforce EU directives in national law.
This is written into UK law:

Quote:
296ZA Circumvention of technological measures

(1)This section applies where—
(a)effective technological measures have been applied to a copyright work other than a computer program; and
(b)a person (B) does anything which circumvents those measures knowing, or with reasonable grounds to know, that he is pursuing that objective.
Quote:
296ZB Devices and services designed to circumvent technological measures

(1)A person commits an offence if he—
(a)manufactures for sale or hire, or
(b)imports otherwise than for his private and domestic use, or
(c)in the course of a business—
(i)sells or lets for hire, or
(ii)offers or exposes for sale or hire, or
(iii)advertises for sale or hire, or
(iv)possesses, or
(v)distributes, or
(d)distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner,any device, product or component which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures.
(2)A person commits an offence if he provides, promotes, advertises or markets—
(a)in the course of a business, or
(b)otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner,a service the purpose of which is to enable or facilitate the circumvention of effective technological measures.
Quote:
296ZD Rights and remedies in respect of devices and services designed to circumvent technological measures

(1)This section applies where—
(a)effective technological measures have been applied to a copyright work other than a computer program; and
(b)a person (C) manufactures, imports, distributes, sells or lets for hire, offers or exposes for sale or hire, advertises for sale or hire, or has in his possession for commercial purposes any device, product or component, or provides services which—
(i)are promoted, advertised or marketed for the purpose of the circumvention of, or
(ii)have only a limited commercially significant purpose or use other than to circumvent, or
(iii)are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of,those measures.
Quote:
296ZF Interpretation of sections 296ZA to 296ZE

(1)In sections 296ZA to 296ZE, “technological measures” are any technology, device or component which is designed, in the normal course of its operation, to protect a copyright work other than a computer program.
(2)Such measures are “effective” if the use of the work is controlled by the copyright owner through—
(a)an access control or protection process such as encryption, scrambling or other transformation of the work, or
(b)a copy control mechanism,which achieves the intended protection.

Last edited by murraypaul; 02-01-2012 at 10:23 AM.
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