Thursday, July 28, 2005

Spanish EUCD Implementation: DRM v. private copying

Two weeks ago the European Commission started infringement proceedings against Spain for its failure to implement the European Copyright Directive (EUCD) on time. Now European Digital Rights (EDRI) reports that the Spanish government has issued a press release on a new draft Intellectual Property Law, which sees on the EUCD implementation. EDRI provides an overview of the main points of the law, amongst which:
The right to make a private copy is specifically acknowledged. [...]

The law creates a legal context for digital rights management (DRM). Spain has chosen for penal sanctions on circumvention. It also turns into a crime to publish about the very existence of systems to elude copyright protection. The press release however promises some extra measures in order to assure that DRM won't collide with basic user rights.
I wonder how the private copying "right" and the protection of DRM will interact. This interaction has lead to collisions and subsequent lawsuits in the past, for example in France: CoCo: French Court: DVD Protection Incompatible with Private Copying Exception


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