xAcesx:
If I take away someone's legal right for anything, I can be subjected to prosecution.
And this raises the questions: WAS this right taken away? IS it a right in the first place? Or is it only a permission? This is what I'm trying to find out. The EUCD was validated in some EU countries to strengthen protection of intellectual property. So, if a Pub/Dev uses cp protection, does it collide with the EUCD? Or not? (Ok, you say, it collides - but I'm not sure about this. I need legislative info => court judgement e.g.)
And I'm not sure if Wikipedia is a reliable source with the quotation I posted. So far I have already found protests of consumer associations - but these protests and critics are not the law, you see? <img src="/ubbthreads/images/graemlins/ouch.gif" alt="" />
Gee, I've even read a 2nd quote from our Federal Ministery of Justice - but this quote was from 2002 - before the cp law became valid. Guess what? This quote is no longer as 1st hand quote on the site of this Ministery <img src="/ubbthreads/images/graemlins/think.gif" alt="" />
What I still have to find out is this: is the EULA inferior to the cp law? Does it collide with the new/old cp law. Is it legitimate - what do courts say to EULA etc.
As soon as I can lay my grubby hands on the new EUCD commentary in book form, I might be more knowledgeable - ordered it and am waiting. I hope to find answers there. But even if - I would still not know if these answers are purely on national basis (not touching the UK law) or - if this is EU => international binding force within the whole EU.
I'll try to find an answer in the NJW (a German law magazine, made by the Lawyer association. in combo with the Federal Bar Council) Oh, using an abbreviation for "association" is nocando
Only assuming now => the Wikipedia is correct and EULA has no binding force because cp is the law... what then? Did the EULA permit something the law does not cover in the first place? Is it simply a mere piece of "paper" you can use to wipe the ground? And this... is a permission a right or not? If it is a right => under which circumstances? Are they defined and conform with the cp law? Etc. etc.
Assuming => the EULA has a binding force (law term) - does it collide now with the new EUCD? Does it have to be modified?
Kiya <headache and groping in the fog>
Junge Union, InitiativeLink is in German => the young Union in Hessen, part of the CDU (conservative political party in Germany) are starting a campaign to ensure the right for creating a private copy. They say this: as it is prohibited to crack cp protection in order to make a copy (EUCD), consumer rights are decreased.
This is criticised by another organisation who is fighting for user rights as well. They say this: you can't allow a private copy within a family and then forbid it at the same time for friends. Why I'm posting this? Well, if the 2nd part to change CP law(private copies) will become valid, your might not even be able to wipe the ground with EULA.
