1. Legal European Aspects of Digital Rights Management © Abdullah Sherbini 2006 بسم الله الرحمن الرحيم

2. © Abdullah Sherbini 20062 Accept?

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4. © Abdullah Sherbini 20064 Outline Definitions Definitions Digital Rights Management Systems Digital Rights Management Systems Data Protection Laws Data Protection Laws Conclusion Conclusion

5. © Abdullah Sherbini 20065 Intellectual Property Aljazeera.com Google.com

6. © Abdullah Sherbini 20066 Privacy Hillnews.com

7. © Abdullah Sherbini 20067 Property vs. Privacy Privacy Perspective: “knowledge is power” Privacy Perspective: “knowledge is power” Property Perspective: “knowledge is wealth” Property Perspective: “knowledge is wealth”

8. © Abdullah Sherbini 20068 Argument Info should be accessible to all generations not just for profiting companies. Info should be accessible to all generations not just for profiting companies.

9. © Abdullah Sherbini 20069 Factors made property regimes not impact on privacy info users payday-loans.qc.com1securityproducts.com

10. © Abdullah Sherbini 200610 Copyright Xenu.net

11. © Abdullah Sherbini 200611 Digital Rights Management Systems scrapbookerie.com thecupcakefairy.com

12. © Abdullah Sherbini 200612 Tension: DRMS vs. Privacy Re-use of personal data Re-use of personal data Re-purpose “re-selling” without consent Re-purpose “re-selling” without consent

13. © Abdullah Sherbini 200613 Cookies thecupcakefairy.com

14. © Abdullah Sherbini 200614 DRMS from Privacy perspective 1. Extent to which DRMS will collect & further process personal data 2. Purposes for which these data will be used 3. The conditions under which they will be spread to external actors

15. © Abdullah Sherbini 200615 Functions of DRMS 1. Controlling access to copyright works 2. Restricting unauthorised reproduction 3. Identifying the works, the relevant right- holders 4. Protecting the authenticity of the latter identification data.

16. © Abdullah Sherbini 200616 DRMS vs. Personal Data DRMS register personal data in these ways: DRMS register personal data in these ways: 1. Stored centrally 2. Embedded 3. Transmission of usage

17. © Abdullah Sherbini 200617 Focus of Presentation Legal Factors Legal Factors Limitations set by data protection laws. Limitations set by data protection laws.

18. © Abdullah Sherbini 200618 Data Protection Directive (DPD) EEA (European Economic Area): EEA (European Economic Area): 1992 1992 All EU countries & Norway, Iceland, Liechtenstein. All EU countries & Norway, Iceland, Liechtenstein. Influenced other countries Influenced other countries

19. © Abdullah Sherbini 200619 Directive on Privacy and Electronic Communications (DPEC) 2002 2002 Extending/fine-tuning DPD Extending/fine-tuning DPD

20. © Abdullah Sherbini 200620 Scope of Data Protection Personal Data in DPD Personal Data in DPD Laws don’t apply Laws don’t apply Uncertainty Uncertainty

21. © Abdullah Sherbini 200621 Principles of DPD 1. Fair collection 2. Minimality 3. Purpose specification 4. Disclosure limitation 5. Data quality 6. Security 7. Data subject participation & control 8. Accountability

22. © Abdullah Sherbini 200622 Basic Conditions for Data Processing Why? Why?

23. © Abdullah Sherbini 200623 Basic Conditions for Data Processing (a) The data subject “unambiguously” consents to the processing (b) The processing is “necessary” for the “performance” or conclusion of a contract with the data subject (c) The processing is “necessary” for compliance with a “legal obligation” on the data controller (d) The processing is “necessary” for protecting the “vital interests” of the data subject (e) The processing is “necessary” for performing a task executed in the “public interest” or in exercise of official authority (f) The processing is “necessary” for the pursuance of “legitimate interests” that override the conflicting interests of the data subject

24. © Abdullah Sherbini 200624 Sensitive Data Such? Such? DPD prohibits Sensitive Data DPD prohibits Sensitive Data

25. © Abdullah Sherbini 200625 Copyright Directive (CD) Protection against: Protection against: 1. intentional and unauthorised alteration 2. Distribution of copyright works

26. © Abdullah Sherbini 200626 Control vs. Prevent

27. © Abdullah Sherbini 200627 Conclusion Clear/Direct rules. “legitimate” Clear/Direct rules. “legitimate” Good lawyer. Good lawyer. Written licence agreements. Written licence agreements. Rules still not yet totally effective. Rules still not yet totally effective. Cases solved according to their own evidence and material. Cases solved according to their own evidence and material.

28. © Abdullah Sherbini 200628 Now?