Re: Proposed WIPO response

Subject: Re: Proposed WIPO response
From: Prof. Charles Oppenheim (
Date: pe 11 loka   1996 - 16:38:06 EEST

The proposed Berne text is all about making it illegal to tamper with
or deactivate a technical device. If someone created
such a device, and by doing so they prevent someone from fair
dealing, then all that the proposed new law says is that they cannot
tamper with the device - it is still open to them to go to the
Courts to demand that the device be removed from the market or for
the device to be amended to permit fair use.

My suggestion therefore would be to allow the proposal to go through,
(because I think it is sensible to make it an offence to tamper
with such devices for the express aim of breaking the copyright law)
as long as a further text in the Berne convention makes it an
offence for anyone to market such a device if that device prevents
fair dealing.

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