[linux-dvb] Re: AW: Re: CAM's and legal stuff

[Peter Maersk-Moller <Peter@maersk-moller.net>]

Hi

"Bläser, Lars" wrote:
> > Thats what I have been trying to tell these wannabe-laywers.
> > They all say that 'as it is possible to watch without paying,
> > it _must_ be illegal'.
> > What a bunch of nuts  :)
> 
> NO, YOU ARE NOT READING CAREFULY!!!!
> (or you simpy ignore what you don´t want to hear, because we had this 2 weeks ago)
> 
> the reason why the Softcam is illeagal is the violation of patented algorithems
> and the fact that you grab keys from your (protected) leagal card, means you´re
> comitting (sorry for the german) "Ausspähen von Daten" (§ 202a StGB),
> "Computerbetrug" (§ 263a StGB) because you cheat your smartcard.
> as long as you do that all at home and nobody knows about ...
> but thats not means its leagal.

First, my country (and most other European countries) forbid patenting
software. However current national PO and EPO are trying to establish
the practise that software can be patented if it has a *further technical
effect*. Personally I'm against this and I don't know of software not having
further technical effect, but lets assume software or in this case
mathematics can be patented.

Most national patent laws makes it legal to use patented stuff for
personal use without requirering a license. Distributing patented
stuff (for money or for free) usually requires a license though.
The good news is however that distributing source code is not
considerd as ditributing patented stuff. So distributing
binaries with patented stuff requires a license, ditributing
source code does not.

Now the bad news is that EU has approved a directive called EUCD
(also known as DMCA for EU). The member states of EU are obliged to
implement DMCA, I mean EUCD of course, into their national laws by
no later than end of year 2002.

EUCD makes all unauthorized efforts to try to circumvent any copy
protection or encryption scheme a felony. This apply to both the
writer of software as well as users of software. If ViaSat,
Canal Digital, Premiere etc. doesn't authorise use of
SoftCAM, then it becomes a felony to watch their channels
using SoftCAM no matter if you paid for it or not.

Obviously we should have fought EUCD becuase now it is
to late. The decision has been taken and changing it is difficult.

One thing though, the directive let it be up to the individual
countries whether or not to allow personal digital copying of
material you already paid for. The catch 22 is of course
that you are not allow to circumvent the copy protection
mechanism
becomes then a felony if the no matter if you have a 



That makes it illegal to distribute binary versions as

So far so good (
It appear that distributing source code is not considered as distributing


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