At first, the title “100% legal to circumnavigate DRM for legal purposes” may seem a bit cryptic. As we’ve seen countless times throughout various governments, “legal uses” is a highly ambiguous and misleading term. But in the case of Brazil and their digital rights laws, it’s a far prettier picture as far as consumer protections are concerned.
Here in the United States, it’s technically illegal to circumnavigate DRM (the digital cancer that pollutes more and more of our digital goods each and every day). Usually, consumers will witness the utter useless of this “technology” when copying a DVD or CD of theirs to their computer or digital device. But, the simple act of doing so technically makes them a criminal — a provision in the law that big media giants just love. Sadly, big media runs this country, not the citizens.
But Brazil is at a shining beacon of light, showing that not every government has bent over for the media industry, and actually stood their ground for consumers’ rights. Under Brazilian law, it is completely legal to break through DRM so long as you aren’t doing so to upload to file sharing sites, pirate, etc., etc. But the best part about Brazil’s digital media laws is this: Any copyright holder who laces their content with DRM and goes against current federal laws for consumers’ rights and “fair use/fair dealings” actually faces a fine for hindering consumers’ rights! +1 Brazel!
§1º. The same sanction applies, without prejudice to other sanctions set forth by law, to whom, through whatever means:
a) hinders or prevents the uses allowed by arts. 46, 47 and 48 of this Act [which addresses limitations to copyright including fair dealing]; or
b) hinders or prevents the free use of works, broadcast transmissions and phonograms which have fallen into the public domain.
How’s Brazil this time of year…anyone feel like a permanent vacation?
I’ll admit, there are some pretty sick, twisted, and downright disturbing games out there. But that’s just the thing — they’re games. Games are meant to take you into a realm of fantasy. A place outside of laws, science, and yes, even morals. Unfortunately as of late, video games such as Grand Theft Auto and Modern Warfare 2 have been getting a bad rep for their unlawful plots and seemingly sinister undertones. Several countries are now moving to enact laws that would ban violent video games with one such country being Brazil. Valdir Raupp, a Brazilian senator has pushed forward his own bill that would make the sale, purchase, storage, and transportation of any outlawed games punishable by up to 1-3 years in prison.
There’s only one problem I see with this growing anti-violent game crackdown: Video games are increasingly singled out, yet are there not many more times the amount of violent movies, books, magazines, advertisements, etc? Why aren’t they being banned or regulated…?
- November 21, 2009 10:17 am
Here in the states we have the top pickins of some of the finest examples of gaming technology in the world. With the Xbox 360 and Playstation 3 as prime examples of console gaming and of course any tricked out gaming rig taking the PC gaming spot. But there are places that aren’t quite as lucky. Take for instance Brazil which just three days ago (November 18th, 2009) received official means to sell the Playstation 2. Yes, that’s a 2 and not a 3. If you don’t remember, the Playstation 2 was released almost a decade ago back in the year 2000. It really isn’t that long ago yet in tech years it’s practically the time of the dinosaurs. While it’s fun to joke, it’s at least nice that Brazilians now have legal means to pick up Sony’s crowing beauty of the early millennium. The only thing that is a tad sour in this deal is the price: R$799. Equated to US dollars, it tips the scales at $460.56. Ouch! Considering that can now get you a PS3 and some games plus the fact that many Brazilians have gone around the law (I don’t blame them) and picked up a PS2 many years back means this new deal isn’t exactly a floodgate opener. Any Brazilians ready to pounce?
Computer and Videogames
- September 28, 2009 9:13 am
Ah the classic story of two companies battling it out over naming rights. Today’s match up has Nokia with their “Ovi” mobile store pitted against Brazil and their ringtone/SMS news alert service dubbed “Ouvi”. Off the bat it’s worth noting that both Ovi and Ouvi are pronounced exactly the same. Nokia does have the deeper pockets as the company currently known as “Ouvi” is much smaller and therefore has less cavernous pockets. However, team Ouvi does have some legal weight on their side. The most notable aspect of Ouvi’s case is the fact that the registered the domain name “ovi.com.br” way back in 2004. So, who do you think will win. The deep pocketed Finnish favorite or the legally sound underdog?
IntoMobile > Reuters
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