Out-Law News 1 min. read

DVD protection violates consumer rights, says French court


The Paris Court of Appeal ruled on Friday that digital rights management software on a DVD breached the rights of a purchaser who wanted to copy the film onto video for his own personal use, according to The Associated Press.
The case, brought by French consumer rights group UFC-Que Choisir, concerned a DVD copy of Mulholland Drive, directed by David Lynch. The DVD, as is common nowadays, contained digital right management (DRM) technology, which controls how digital content can be viewed, used, or abused.The purchaser, who had bought the DVD without noticing the small label marked "CP" indicating copy protection, complained to UFC-Que Choisir when he was unable to copy the DVD onto video, in order to play it at his mother's house.The rights group took action against film producers Alain Sarde Films and Studio Canal, arguing that the inclusion of the DRM technology was in breach of the purchaser's privacy rights. In France, consumers are allowed to make copies of copyrighted material for private use, providing that certain conditions are met. There is no such right in the UK.Overturning a lower court's ruling, the Appeals Court agreed that these conditions had been met and ordered infringing copies of the DVD to be removed from shops within a month.The Court also found that the defendants had not adequately notified the purchaser that the DVD contained DRM technology.Commentators suggest that the decision will be appealed – perhaps on the basis that the EU's Copyright Directive allows copyright owners to use "technical protection measures," such as encryption, to prevent people making unauthorised copies of music and film.The text of the judgment was not available at the time of writing.
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