Technological Protection Measures
(18) LIANZA shares the concerns expressed in Part Five of the Position Paper that copyright owners may use technological measures, or contractual licence agreements, to override the rights granted to users under copyright law. As stated earlier, LIANZA holds that it is essential that the balance of rights be sustained through copyright legislation, and these rights are not unreasonably negated by use of the law of contract or by technological protection measures.
(19) In particular, LIANZA believes that libraries which legitimately import copies of digital works and then find that they are unable to make the works available to their users should have the right to circumvent the protection measures (for example, by purchase of DVD multiple-zone players) without risking breach of copyright legislation. LIANZA supports the recent judgment of a Norwegian court (as reported in the New Zealand Herald for 9 January 2003, page B2) that "people could not be convicted of breaking into their own property".
(20) LIANZA therefore supports the Ministry's approach, as expressed in paragraphs 106-108, 111 and 119 of the Position Paper. In particular, libraries should not be prevented from taking advantage of the library exemptions permitted under New Zealand copyright law by technological protection measures (paragraph 113).
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