Status of Cryptography Research in implementation of the EUCD

[Julian T J Midgley]

>
> Is it a given that the 'academic' is not under any form of NDA and nor has
> he obtained his information through breach of licence terms etc.?
>
> How then is his finding a flaw or publishing what he finds to be actionable?
> The information upon which he comments is made freely available and his
> opinion (right or wrong) is his own.

(Just to answer this particular question:)

Have you read the draft implementation of the copyright directive?

In the case where the academic publishes information concerning an
algorithm that is used to copy-protect a computer program, the
implementation is quite clear- I quote:

"296.(1) This section applies where copies of a computer program are
issued
to the public, by or with the licence of the copyright owner, in an
electronic form which is copy-protected.

(2) The person issuing the copies to the public has the same rights
against a person who, knowing or having reason to believe that it will be
used to make infringing copies

(a) makes, imports, sells or lets for hire, offers or exposes for sale or
hire, or advertises for sale or hire, or possesses in the course of a
business any device or means specifically designed or adapted to
circumvent the form of copy-protection employed, or

(b) publishes information intended to enable or assist persons to
circumvent that form of copy-protection,

as a copyright owner has in respect of an infringement of copyright."

It does not matter whether or not the copy-protection mechanism comes with
a licence agreement forbidding its circumvention - the law of copyright
will apply regardless...

Julian

-- 
Julian T. J. Midgley                      http://www.xenoclast.org/
Cambridge, England.                          PGP Key ID: 0xBCC7863F