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Posted by Ingo Lembcke on 04/15/06 13:04
Hello,
>It's a common misconception that people seem to apply to both CDs and
>films. It stems from the other misconception that you are allowed to
>make backups of computer software whenever you see fit (which you aren't
>- unless the EULA specifically allows it).
It is a common misconception that people can think for themself.
Most believe what is written and do not question authorities.
The UK is now becoming the real nightmare Orwell envisioned.
In Germany (yeah, not UK) if you write what you want, it does not
make it law. So if it is written in an EULA that you are not allowed
to make a copy for backup purposes, this is overruled by law and if
the EULA is not written in a certain way (most are, nowadays) will
also render the whole EULA useless (void, null).
This fact (in Germany!) is also true for a lot of pirate warnings etc.
The current law, which will be changed in a short time (months)
is not quite clear on some subjects, but as long as copies
- are for yourself, a few friends, family
- are not sold
- and there was no copy protection
they will be legal. The exact number of copies one is allowed has never
been set. With 3 copies you are on the save side, with more than 10
you are in danger of braking the law, the number 7 was mentioned often
as allowed, but, as I said, never set in stone.
This leaves the question, where p2p stands. And this has not been
answered so far. To call it illegal is too easy, IMHO.
This law might also apply to a lot of other places, as most lawsuits are
settled out of court with strong-arm-tactics by the RIAA/MPAA. Just
because they are settled, does not mean a court will agree with the
RIAA/MPAA.
Also, in some articles reporting lawsuits the people who are slapped with
a lawsuit because of selling are thrown together with people swapping
files, which is a whole different law (which is still in change).
The concept of fair use is currently what is in discussion and one of
the things that is holding up the so called 2nd Basked of German IPO-Law.
By,
Ingo Lembcke
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