Delicieuxz
[H]ard|Gawd
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The European Union's highest court ruled on October 6 that people may decompile their software if necessary to fix its intended function.
The Court of Justice previously, in 2012, ruled that people own the specific copies of software that they purchase: "the copyright holder transfers the right of ownership of the copy of the computer program to his customer".
And in 2014, the Court of Justice said that circumventing DRM may be lawful in certain circumstances, such as to restore functionality to purchased software. The new, October 6 ruling now makes the Court of Justice's view on the matter broader and explicit.
I think this is a great affirmation of software ownership rights.
The EU isn't the only region to have said it's OK to circumvent DRM in order to repair software or hardware that you own. A US federal appeals court made a ruling in 2010 relating to bypassing DRM. Then, in 2015, and 2018, the Library of Congress entitled people to circumvent DRM when doing so is necessary for a person to use their software or hardware.
2010: Court: breaking DRM for a “fair use” is legal
2015: The Library of Congress's New DRM Rules Are a Victory For Digital Freedom
2018: US government deems it legal to circumvent DRM to repair electronic devices
Related thread: You own the software that you purchase, and any claims otherwise are urban myth or corporate propaganda
On those grounds, the Court (Fifth Chamber) hereby rules:
1. Article 5(1) of Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs must be interpreted as meaning that the lawful purchaser of a computer program is entitled to decompile all or part of that program in order to correct errors affecting its operation, including where the correction consists in disabling a function that is affecting the proper operation of the application of which that program forms a part.
2. Article 5(1) of Directive 91/250 must be interpreted as meaning that the lawful purchaser of a computer program who wishes to decompile that program in order to correct errors affecting the operation thereof is not required to satisfy the requirements laid down in Article 6 of that directive. However, that purchaser is entitled to carry out such a decompilation only to the extent necessary to effect that correction and in compliance, where appropriate, with the conditions laid down in the contract with the holder of the copyright in that program.
The Court of Justice previously, in 2012, ruled that people own the specific copies of software that they purchase: "the copyright holder transfers the right of ownership of the copy of the computer program to his customer".
And in 2014, the Court of Justice said that circumventing DRM may be lawful in certain circumstances, such as to restore functionality to purchased software. The new, October 6 ruling now makes the Court of Justice's view on the matter broader and explicit.
I think this is a great affirmation of software ownership rights.
The EU isn't the only region to have said it's OK to circumvent DRM in order to repair software or hardware that you own. A US federal appeals court made a ruling in 2010 relating to bypassing DRM. Then, in 2015, and 2018, the Library of Congress entitled people to circumvent DRM when doing so is necessary for a person to use their software or hardware.
2010: Court: breaking DRM for a “fair use” is legal
2015: The Library of Congress's New DRM Rules Are a Victory For Digital Freedom
2018: US government deems it legal to circumvent DRM to repair electronic devices
Related thread: You own the software that you purchase, and any claims otherwise are urban myth or corporate propaganda
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