Euro-Copyrights discussion forum

[Jeroen Hellingman]

it can be argued that a DVD is actually a computer program that displays moving images on a screen, similar to the way a computer game playing on a game-box displays such images on a screen. The distinction is not really clear. However since the law makes odd distinctions between one and the other in what is allowed with them, how should we interprete the law.

1. Is having small bit of program with an audio or video stream enough to classify the total as a program

2. Is having a small bit of video or audio streem with a program enough to classify the total as a video or audio program.

Or should we apply the various rules to the various bits of a total, that is, we can no longer copy the art-work, audio, etc. that comes with a program if it is somehow "copy-protected" (effectively turning the right to a backup copy of software into a dead letter)
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Jeroen Hellingman

[Olli]

In the end, it is up to the judge to decide case-by-case.

However, as a rule of thumb, I would say that you measure with the media's "main purpose". A Video DVD (with a little program code for menus) is certainly judged like a "Video Tape" (as it is its sucessor).
A computer program with a little animations and sounds is mostly a computer program.

Computer games are a very difficult subject, as they are full of video and music, and could be counted as an "interactive movie" and a "computer program".

For example, in Germany it might therefore be illegal to make a safety backup of a copy protected computer game (as you need to bypass its copy protection, and it is not strictly a computer program).
This would indeed - as you said - "effectively turn the right to a backup copy of software into a dead letter".

The law is very unclear in this respect, and I don't know any "präzedenzfälle" (sorry, don't know the english word)

[Jeroen Hellingman]