Re: [Drm-elimination-crew] Welcome to the DRM Elimination Crew! Introductions and an important question

[Norbert Bollow]

Am Sun, 26 May 2013 18:52:50 +0100
schrieb Marcos Marado <address@hidden>:

> On Sunday 26 May 2013 11:52:02 Norbert Bollow wrote:
> > > The only way I see is from the legal prespective. Breaking DRM
> > > shouldn't be illegal.
> > 
> > Here in Switzerland we have the rule that breaking DRM is legal if
> > it is done for a purpose that is allowed by law.
> > 
> > Any legal system which doesn't at least have this exception to the
> > prohibition of DRM circumvention is IMO in violation of Article 27
> > of the Universial Declaration of Human Rights and Article 15 of the
> > International Covenant on Economics, Social and Cultural Rights.
> 
> Yeah, unfortunately most countries don't see it the same
> way... :-( Also, that might change (your country's law) via EU
> directive if we don't do some lobbying on that matter...

I strongly agree with your lobbying plan, even if Switzerland is
fortunately not an EU member country, and therefore not directly
subjected to EU directives.

(Note bene, getting that through parliament even just in Switzerland
was hard work, and I'm proud of having personally contributed in a
somewhat significant way to that achievement.)

> Can you please send me a link to Switzerland's law that says that
> breaking DRM is legal if it is done for a lawful purpose?

http://www.admin.ch/opc/de/classified-compilation/19920251/#

Article 39a(4) says: “Das Umgehungsverbot kann gegenüber denjenigen
Personen nicht geltend gemacht werden, welche die Umgehung
ausschliesslich zum Zweck einer gesetzlich erlaubten Verwendung
vornehmen.“

Here's my very inofficial translation: “The prohibition of
circumvention cannot be asserted in regard to persons who do the
circumvention only for the purpose of a use that is allowed by law.”

The list of uses that in Switzerland are allowed by law is significant.
For example, making a copy and giving the copy to a friend is allowed
by law (provided the friend doesn't pay you). Reverse engineering is
allowed by law (even when provided as a commercial service). Making 
available to persons with disabilities is allowed by law.

Good luck in your lobbying efforts!!!

Greetings,
Norbert
FreedomHTML.org