[cc-licenses] [Fwd: Re: Creative Commons 3.0 Public draft -- newsand questions]

Andres Guadamuz a.guadamuz at ed.ac.uk
Mon Aug 21 04:09:22 EDT 2006

As far as I know, the use of "effective technological protection measure"
comes from the language in the WCT and TPM-protection legislation:

WCT: "Contracting Parties shall provide adequate legal protection and
effective legal remedies against the circumvention of effective
technological measures that are used by authors in connection with the
exercise of their rights under this Treaty or the Berne Convention and that
restrict acts, in respect of their works, which are not authorized by the
authors concerned or permitted by law."

DMCA: "No person shall circumvent a technological measure that effectively
controls access to a work protected under this title."

European Copyright Directive: "Member States shall provide adequate legal
protection against the circumvention of any effective technological
measures, which the person concerned carries out in the knowledge, or with
reasonable grounds to know, that he or she is pursuing that objective."



Andres Guadamuz
AHRC Research Centre for Studies in
Intellectual Property and Technology Law
Old College, South Bridge
Edinburgh EH8 9YL 

Tel: 44 (0)131 6509699
Fax: 44 (0)131 6506317
a.guadamuz at ed.ac.uk

IP/IT/Medical Law LLM by Distance Learning

-----Original Message-----
From: cc-licenses-bounces at lists.ibiblio.org
[mailto:cc-licenses-bounces at lists.ibiblio.org] On Behalf Of Evan Prodromou
Sent: 20 August 2006 21:18
To: cc-licenses at lists.ibiblio.org
Subject: [cc-licenses] [Fwd: Re: Creative Commons 3.0 Public draft --
newsand questions]

Forwarded message from debian-legal, and a point I'd missed. I can't imagine
that there's a reason to have one be "technical measures" and the other be
"effective technical measures"... is there?


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