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.
