8 ms·

no DMCA in Netherlands?

• henvic 5y ago
  "The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law." Last time I checked the Netherlands was a different country. lol By the way: https://www.websiteplanet.com/blog/dmca-ignored-countries/ https://www.websiteplanet.com/blog/dmca-ignored-countries/
  • extheat 5y ago
    DMCA is just a letter format for removal of content per U.S. law. Any country that observes copyright (they are apart of the WTO) is expected to comply with other member nations' copyrights. All developed countries have also adopted the Berne Convention.
    • detaro 5y ago
      And which of these treaties exactly has a problem with the reverse engineering work done here? Nobody is claiming that Tesla doesn't have copyright on their software, if that copyright allows them to restrict this work is an entirely different kettle of fish, and depending on local laws.
      • extheat 5y ago
        You're right, I don't think there was ever a DMCA claim actually made, and probably would not be valid. Just replying to the misleading statement as if copyright from other countries have no standing.
        • detaro 5y ago
          They didn't claim that copyright from other countries has no standing, but correctly pointed out that claims under other countries copyright laws are irrelevant.
    • mijamo 5y ago
      That is a pretty big simplification, both partly true and false. There is international cooperation but copyright has significant differences between countries and having a copyright claim in one country does not always mean you have it in another.
    • pieno 5y ago
      It’s actually exactly the other way around: countries don’t comply with other countries’ copyrights, but they must offer the same level of protection to authors of works created abroad as they give to authors of works created locally (I.e. non-discrimination of foreign works/authors). And they must also offer a minimum level of copyright protection as specified in the convention. The egregious content removal remedies offered by the DMCA in the US are luckily not part of those minimum protections, so most sane countries have a more balanced procedure for content removal remedies.
      • zinekeller 5y ago
        If you think that the US is (relatively) insane when it comes to this, you have never witnessed the German equivalent (which is much more complainant-friendly).
    • rocqua 5y ago
      DMCA also makes lot's of reverse engineering illegal. And that is the relevant issue here.
    • PeterisP 5y ago
      The whole point of DMCA is that it's a relatively recent extensions/addition to the copyright law that USA had before, which matched the Berne convention. The non-DMCA parts of copyright are pretty much the same in USA as across the whole world, as they have been harmonized with international treaties. The extra requirements of DMCA (e.g. restrictions on circumventing technical measures of copyright protection), however, are country-specific and not widespread elsewhere.
• Hamuko 5y ago
  Next you'll tell me that there's no second amendment either.
  • rocqua 5y ago
    We have so few bears here, so it's really hard to find bear-arms.
    • mellavora 5y ago
      But you should still have the right to arm the bears if you find a bear. Maybe this is why you have such a bear shortage?
      • KarlKemp 5y ago
        No, the beer shortage is in the UK.
• the-dude 5y ago
  Well, it is a state lab. What are you gonna do? Invade our capital?
  • KarlKemp 5y ago
    Governments are bound by law, at least in democracies. There are thousands of cases in court by citizen and companies trying to, for example, overturn some decision (i. e. building permits, asylum, road construction, ... really anything), and they are frequently successful.
  • rhn_mk1 5y ago
    Don't give them ideas https://www.hrw.org/news/2002/08/03/us-hague-invasion-act-becomes-law https://www.hrw.org/news/2002/08/03/us-hague-invasion-act-be...
    • fragmede 5y ago
      Netherlands is lucky to not be Indonesia. https://en.m.wikipedia.org/wiki/Accusations_of_ExxonMobil_human_rights_violations_in_Indonesia https://en.m.wikipedia.org/wiki/Accusations_of_ExxonMobil_hu...
      • the-dude 5y ago
        Are you aware that Indonesia used to be a Dutch colony?
  • trhway 5y ago
    that is kind of the point - that they couldn't compel a private company doing business in their country and did the cracking instead.
    • the-dude 5y ago
      That is just an assumption, there is nothing as far as I am aware that points in this direction. NFI does plenty of research on its own.
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• gnfargbl 5y ago
  To answer the point that I think you were actually making, reverse engineering in the EU is covered by EU Directive 2009/24. This allows reverse-engineering for interoperability purposes, and (possibly in a more limited way?) also for the purposes of understanding the operation of a program. https://vidstromlabs.com/blog/the-legal-boundaries-of-reverse-engineering-in-the-eu/ https://vidstromlabs.com/blog/the-legal-boundaries-of-revers...
• ifjimelse 5y ago
  No, but they do have the GDPR, which affords data subjects the right of access to their own personal data. Seeing as “the vehicles also record speed, accelerator pedal position, steering wheel angle and brake usage” and that personal data is "information that relates to an identified or identifiable individual", that sounds in scope of GDPR to me. I’d like to know what lawful basis they are using for this. I can see no other valid basis other than consent. Tesla being less than forthcoming about what personal data they are processing is likely also problematic when it comes to the right to be informed too.