|Technological protection measures jokes |
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- ‘Technological measures’ within the meaning of Article 6 may include measures incorporated not only in protected works themselves but also in devices designed to allow access to those works;
- When determining whether measures of that kind qualify for protection pursuant to Article 6 where they have the effect of preventing or restricting not only acts which require the rightholder’s authorisation pursuant to that directive but also acts which do not require such authorisation, a national court must verify whether the application of the measures complies with the principle of proportionality and, in particular, must consider whether, in the current state of technology, the former effect could be achieved without producing the latter effect or while producing it to a lesser extent.
- When determining whether protection must be provided against any supply of devices, products, components or services pursuant to Article 6(2), it is not necessary to consider the particular intended use attributed by the rightholder to a device designed to allow access to protected works. By contrast, the extent to which the devices, products, components or services against which protection is sought are or can be used for legitimate purposes other than allowing acts which require the rightholder’s authorisation is a relevant consideration.
|Disclaimer: not a case of product placement|