In a very anti-consumer decision, France's highest court ruled that consumers do not have a right to make backup copies of their DVD discs, even if they don't make them with intent to distribute them. The decision over-ruled an earlier decision by a lower court that banned the use of DRM mechanisms on some DVDs because they limited consumers' fair use rights. The decision was made by the Cour de Cassation in Paris. It all started when a consumer could not make a backup copy of David Lynch's Mulholland Drive.
The UFC Que Choisir consumer association argued that Vivendi's Studio Canal film-production unit had no right to include mechanisms on the disc that could stop consumers from making a backup to protect their investment. "This means that if one pays 20 euros for a DVD, one is just buying the right to use that one DVD," Ahmed Baladi, a Paris-based lawyer at Allen & Overy, said in an interview today. "This ruling will have an influence on neighboring sets of laws, including those regulating the music industry."
The right to make personal copies can be restricted by copyright holders when duplication "could cause an unjustified damage to the legitimate interests of authors," today's judgment said.
Source:
Bloomberg
The right to make personal copies can be restricted by copyright holders when duplication "could cause an unjustified damage to the legitimate interests of authors," today's judgment said.
Source:
Bloomberg
