[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: [InetBib] [AMIA-L] Brazil's copyright law forbids using DRM to block fair use

Brasilien kann es besser - aus der AMIA-L-Liste.

Beste Grüße
Peter Delin

Email: delin@xxxxxx
http://dvdbiblog.wordpress.com/ (privat)

Nan Rubin schrieb:
A great interpretation of being 'WIPO compliant.'

Nan Rubin

* * * * *

Brazil's copyright law forbids using DRM to block fair use 


Cory Doctorow <http://www.boingboing.net/author/cory-doctorow-1/> at 
3:13 AM Saturday, Jul 10, 2010

A UN treaty called the WIPO Copyright Treaty requires countries to pass 
laws protecting "software locks" (also called DRM or TPM). Countries 
around the world have adopted the treaty in different ways: in the US, 
the Digital Millennium Copyright Act prohibits all circumvention of 
software locks, even when they don't protect copyright (for example, it 
would be illegal to for me to break the DRM on a Kindle to access my own 
novels, were they sold with Kindle DRM).

Brazil has just created the best-ever implementation of WCT. In Brazil's 
version of the law, you can break DRM without breaking the law, provided 
you're not also committing a copyright violation. And what's more, any 
rightsholder who adds a DRM that restricts things that are allowed by 
Brazilian copyright laws ("fair dealing" or "fair use") faces a fine.

It's a fine and balanced approach to copyright law: your software locks 
have the power of law where they act to uphold the law. When they take 
away rights the law gives, they are themselves illegal.

§1º. The same sanction applies, without prejudice to other sanctions set 
forth by law, to whom, through whatever means:

a) hinders or prevents the uses allowed by arts. 46, 47 and 48 of this 
Act [which addresses limitations to copyright including fair dealing]; or

b) hinders or prevents the free use of works, broadcast transmissions 
<http://www.boingboing.net/2010/07/10/brazils-copyright-la.html> and 
phonograms which have fallen into the public domain.

PS.  The Library of Congress NDIIPP project has been closed out and I am 
no longer using the <thirteen.org <http://thirteen.org>> email address.
please use this on or nanrubin <at> gmail.org <http://gmail.org>

muchas gracias!

* * * * *
Nan Rubin
Community Media Services
4700 Broadway # 2J
NYC  NY  10040  USA
www.nanrubin.com <http://www.nanrubin.com>

"Any sufficiently advanced technology
is indistinguishable from magic."
Arthur C. Clarke


Listeninformationen unter http://www.inetbib.de.