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Thursday, October 09, 2003

The UK has passed legislation to implement the EU Copyright directive. The actual legislation is largely unchanged from the original draft regulations that were subject to such a long period of consultation. There now appears to be an exception for researchers. Section 296ZA2 states:

"This section does not apply where a person, for the purposes
of research into cryptography, does anything which circumvents effective
technological measures unless in so doing, or in issuing information
derived from that research, he affects prejudicially the rights of the
copyright owner."

It remains to be seen what "affects prejudicially the rights of the copyright owner" actually means in practice. The DMCA also has an exception for security researchers. Ben Edelman at Harvard wants to get access to a lists of websites blocked by certain commercially available filter software programmes, in order to test their effectiveness.
As a researcher, the DMCA provides an exception which allows him to bypass the digital locks which keep those lists secret. At the same time, however, it makes it illegal for him to build the tool that would enable him to bypass those digital locks. I wonder if Section 296ZA(2) will have a similar effect?

Silicon.com are reporting on a way of beating the latest CD copy protection technology. I wonder how such a report is affected by the implemention of the copyright directive now?

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