The case, brought by French consumer rights group UFC-Que Choisir, concerned a
DVD copy of Mulholland Drive, directed by David Lynch. The
DVD, as is common nowadays, contained digital right management (
DRM) technology, which controls how digital content can be viewed, used, or abused.The purchaser, who had bought the DVD without noticing the small label marked "
CP" indicating copy protection, complained to
UFC-Que Choisir when he was unable to copy the
DVD onto video, in order to play it at his mother's house.The rights group took action against film producers Alain Sarde Films and Studio Canal, arguing that the inclusion of the
DRM technology was in breach of the purchaser's privacy rights. In France, consumers are allowed to make copies of copyrighted material for private use, providing that certain conditions are met. There is no such right in the
UK.Overturning a lower court's ruling, the Appeals Court agreed that these conditions had been met and ordered infringing copies of the
DVD to be removed from shops within a month.The Court also found that the defendants had not adequately notified the purchaser that the
DVD contained
DRM technology.Commentators suggest that the decision will be appealed – perhaps on the basis that the
EU's Copyright Directive allows copyright owners to use "technical protection measures," such as encryption, to prevent people making unauthorised copies of music and film.The text of the judgment was not available at the time of writing.