EUCD and Belgian Software Law
Alceste Scalas
tjoad at gmx.it
Mon May 13 18:00:32 UTC 2002
On Sat, May 11, 2002 at 04:09:05PM +0200, Arnoud Galactus Engelfriet wrote:
> Do you think there is a conflict between the 1991 Directive
> and the current EUCD?
Well, the 91/250/EEC directive gives users the right to
reverse-engineer a computer program for interoperability (article 5
and 6). This should make it legal to reverse-engineer _every_ kind
of software --- for example, a piece of code that "protects" a
copyrighted work, just like an e-book.
The EUCD was written to make the latter kind of activity illegal ---
and, of course, it contains a bit of trickery to forbid the
reverse-engineering of "effective technological measures," without
formally conflicting with the 91/250/EEC directive. More in detail:
* at the beginning (paragraph 50) it is said that the 91/250/EEC
directive still applies to computer programs: you can
circumvent a "technological measure" if it protects a program
that you want to reverse-engineer;
* but what happens when a "technological measure" is not applied
to programs, but to other copyrighted works? Paragraphs 6.1
and 6.2 say that it is illegal to circumvent it and/or help
other people to do the same;
* finally, paragraph 6.3 defines these "technological measures"
in a way that is not strictly related to software. It makes
the 91/250/EEC directive irrelevant, and you are forbidden to
reverse-engineer a "technological measure" when it is used to
protect, for example, a DVD, or an e-book.
Regards,
Alceste
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