German Library Allowed To Crack Copy Protection

AlexanderT writes "The EU Directive 2001/29/EU (also known as the European Copyright Directive) has made it "a criminal offence to break or attempt to break the copy protection or access control systems on digital content such as music, videos, eBooks, and software". Since today, at least in Germany there is one notable exception: The Deutsche Bibliothek, Germany's national library and bibliographic information center, has received a "license to copy", i.e. the official authorization to crack and duplicate DRM-protected e-books and other digital media such as CD-Audio and CD-Roms. The Deutsche Bibliothek achieved an agreement with the German Federation of the Phonographic Industry and the German Booksellers and Publishers Association after it became obvious that copy protections would not only annoy teenage school boys, but also prohibit the library from fulling its legal mandate to collect, process and bibliographic index important German and German-language based works."

Comments

More EUCD Information

[MartijnH]

Here's also a great site on the EUCD

Re:Uhh..okay? Library with no money?

[Anonymous Coward]

This is not about not having money or not having legit copies. The national library is allowed to copy media for archiving purposes, e.g. copy a CD to another medium to prevent loss due to decay or to preserve the data after the CD format has become obsolete.

Re:Why does his link not work?

[Gob Blesh It]

Please visit Slashcode bug #981137, which concerns automatically hyperlinking URLs in "Plain Old Text" mode, and add a comment to show your support for a speedy resolution. No progress has been made on this trivial feature request for longer than six months.

Re:But how will they do it?

[term8or]

My question is: How can the German Library break the copy protection when it is illegal to produce tools to do it?

I would have thought the article tells you this. The german government wrote into law an exception that said that the German Library could produce and own tools to do it since it was impossible to carry out their legal functions without such an excemption. I would assume that this is legal since their is an excemption in the EU copyright directive to allow member states to make such exceptions (e.g)

(34) Member States should be given the option of providing for certain exceptions or limitations for cases such as educational and scientific purposes, for the benefit of public institutions such as libraries and archives, ....

Re:Quick Question

[Gone Jackal]

The EUCD [http://ukcdr.org] explicitly states:

(30) The rights referred to in this Directive may be transferred, assigned or subject to the granting of contractual licences, without prejudice to the relevant national legislation on copyright and related rights.

and:

(33) The exclusive right of reproduction should be subject to an exception to allow certain acts of temporary reproduction, which are transient or incidental reproductions, forming an integral and essential part of a technological process and carried out for the sole purpose of enabling either efficient transmission in a network between third parties by an intermediary, or a lawful use of a work or other subject-matter to be made. The acts of reproduction concerned should have no separate economic value on their own. To the extent that they meet these conditions, this exception should include acts which enable browsing as well as acts of caching to take place, including those which enable transmission systems to function efficiently, provided that the intermediary does not modify the information and does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information. A use should be considered lawful where it is authorised by the rightholder or not restricted by law.

Take a look at the text for similar clauses. In other words, if I understand this correctly, this is firstly a question of academic or research usage, secondly a matter of agreement which can be made between any party and the copyright holder.

This doesn't mean that the law sucks any less, but that this agreement is nothing unusual, and has nothing to do with "special rights" granted to a particular class of people/organisations. I haven't been able to find the actual text of the agreement, though. It could be that the National Library in Germany will be paying copy-fees, or similar, for their reproductions.