🚀 go-pugleaf

[MOD- info from the UK lpf mailing list...]

	Below find a summary of the contents of the new draft UK
law on software copyright designed to meet the EC directive. I
have not provided the law itself, partly because it is fairly
long and partly because it makes little sense without the 1988
act that it mostly amends. However, these "explanatory notes"
that come at the end provide a quite good overview. My thanks to
my secretary, Carole Douglas, for typing them in.

	ECSR has been invited to comment on this draft so I would
welcome any reactions to it. You will notice, for instance, that
it does not address the interface issue at all. Its main concern
is to withdraw existing blanket permissions to copy and
`decompile' software (eg for education purposes) and then to give
such permission back in more specific ways (eg for backup,
debugging and interfacing purposes).


			Alan 


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	EXPLANATORY NOTE
	(This note is not part of the Regulations)

These regulations implement the provisions of Council Directive No.91/250/EEC
(O.J. No. L122, 17.5.91, page 42) (``the Directive'') on the legal
protection of computer programs.

The Copyright, Designs and Patents Act 1988 (``the Act'') currently makes
provision for the protection of copyright in computer programs.  The
Directive harmonises the laws of the Member States relating to the protection
of computer programs and includes matters for which the Act makes no
specific provision or makes different provision.  These Regulations amend and
modify the Act in order to properly align its provisions with those of the
Directive.  In particular the regulations -
(a)
-remove certain acts relating to computer programs from the general application
of the fair dealing provision in section 29, which is one of the acts 
permitted in relation to copyright works by the Act (regulation 5)
(b)
-introduce a new section 29B containing specific exceptions (which cannot be
waived by contract) to the exclusive rights of the copyright owner permitting
the making of a back-up copy (new subsection (1)); for the purpose of
discovering interface specifications but within certain defined limits 
(new subsection (2)) and subject to certain conditions (new subsection (3)) 
(regulation 6)
(c)
-introduce a new section 29C which prohibits the waiver of, and nullifies the 
effects of any contractual provision contrary to, the rights granted by 
subsections (1) and (2) of new section 29B and which purport to exclude or
prohibit the right of a licensed user of a computer program to observe,
study, or test the functioning of that program in the course of any
licensed use thereof (regulation 6)
(d)
-introduce a new section 29D permitting limited reproduction, including
translation and adaptation, (which rights are subject to express contractual
provisions to the contrary ) where necessary for use and for error 
correction (regulation 6)
(e)
-also extend the category of persons against whom the rights granted by the
provisions of section 296 (devices designed to circumvent copy-protection)
may be exercised to persons who possess in the course of business devices or 
means intended to circumvent copy-protection applied to computer programs 
(regulation 7).

The Regulations come into force on 1st January 1993.  The provisions
extending or diminishing the restricted or permitted acts (as the case may be)
relating to copyright in computer programs apply to all computer programs 
created  prior to or on or after that date.  However, they apply only to acts
or events relating to computer programs occurring on or after 1st January 1993
They also apply to licences granted before 1st January 1993 having effect in
relation to copyright works in the form of computer programs where the
copyright comes into existence on or after 1st January 1993