On 13/03/2008, vijay chopra <[EMAIL PROTECTED]> wrote:
> First there is no such thing as the "EUCD law", all EU member states
> interpret and implement EU directives how they want.

Sure, forgive my informal shorthand, IANAL :-) There is strictly
speaking no "EUCD law" - but the implementations are, well, just that
- implementations of EUCD law, so to speak :-)

> I believe that the UK implementation of the EU copyright directive is  The
> Copyright and related rights regulations 2003
>
> I belive the relevant section of the act is here  IANAL, but as I read it
> "Circumvention of technical devices applied to computer programs" is only
> unlawful if you're doing it in order to start selling copies of
> $copyrighted_work, breaking DRM in order to watch Dr Who on you Linux box
> won't earn you a criminal record.

296-1-b-ii: "(1)  This section applies where (b) a person knowing or
having reason to believe that it will be used to make infringing
copies publishes information intended to enable or assist persons to
remove or circumvent the technical device."

So that user agent sniffing is a "technical device" not a "technical
protection measure" (which is the DMCA phrasing) - and anyone
innovating on iPlayer is acting unlawfully under that clause, to my
non-lawyer eyes.

-- 
Regards,
Dave
Personal opinion only; the above is not legal advice.
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