Euro DMCA Fails
Kr3m3Puff writes "Looks like the Euro DCMA has failed according to Yahoo! It seems that only two member nations had adopted the local law and therfore the Euro wide law will not be adopted. The BSA is complaining they have no protections." Update: 12/23 17:50 GMT by T : That's DMCA rather than DCMA -- silly acronyms.
For all UK readers, this is probably a good idea to publicise http://www.faxyourmp.org - a very quick, easy and above all *free* way to get a digitally-signed paper fax to your local MP from a webpage.
Shout loudly or lose yet more digital rights...
Reading the article one finds the hasn't failed, it just won't be in place in time for 2003. There's nothing stopping these countries from adopting the law in the future.
And for the last time, it is DMCA, not DCMA!
This
Whether the countries have or have not implemented the Directive's text into local law does not matter. As soon as a Directive is published, it has an obligatory effect in all of the EU countries, whether it's implemented or not. So in short, in a lawsuit, any of the parties can take advantage of the Directive and the local judge will have to respect it, even if it is in opposition with the local law.
The laws are late, but that doesn't mean that the remaining EU countries won't adopt them. Particularly with all the controversy around them, and the large consequences, things take longer than the very optimistic deadline. In particular, some of the things it implements is:
* Your right is now tied to media. It's no longer legal to make mp3s of your cds, for one. Each country can make exceptions, but that's the directive.
* Illegal to import media from other zones (for companies). Blatant undermining of free trade and competition in my opinion. Also illegal to sell zonefree players or any other kind of "circumvention device".
It's the backdoor way of extortion. You can purchase something without a licence, but you can not use it unless you have a licenced player, and by extension, those licence terms apply to YOU.
Let me put this in a way USians can understand:
You buy a car in the US. It runs fine on the petrol around you, so no probs. Then you want to take it to europe, but you can't. Not for any technical reason, but because it can only use licenced gas, and that gas is only licenced to the US. Note that you never signed a licence agreeing to the fact that the car is only good in the US, but you've been had.
It's also illegal to make your car work with any other gas. And if you ask the car manufacturer, he'll suggest that you either sell your US car and accessories and buy a Euro car (and likewise sell your Euro car and buy the US one back when you get home), or if you like it so much, buy one of each, even if they in function are completely identical.
Screw them. If they want to make it region-crippled, they're asking for it. I don't mind if they copyprotect it with CSS2 or whatever. But if I'm banned from buying DVDs because I'm in the wrong zone, then they are just pissing me off. Somehow businesses should think a little about the customers they *do* have, and not only about the pirates (arr!) they *don't* have as customers, and probably won't have in the future anyway.
Kjella
Live today, because you never know what tomorrow brings
Timeo idiotikOS et dona ferentes