Law firm charges Heise for publishing copying software news

January 31, 2005

When Germany enforced its version of the European Union Copyright Directive (EUCD), it added quite a nasty restriction that even prohibits the discussion of circumventing copy protection measures. Unfortunately, this part has now been used to charge the news website heise online for publishing an article on AnyDVD. As AnyDVD removes CSS and Macrovision from DVDs and copy-protection measures from Audio CDs, this tool is illegal within Germany, even to discuss about.

On behalf of several major music industry labels, the Waldorf law firm of Munich sent Heise a discussion accusing their news article of illegal advertising to help with the sale of the software as well as providing instructions to get around anti-piracy measures. According to the music industry, even providing a link to the software manufacturer's website is against the law. The Firm claims that heist did not voluntary remove the offending article on request and if this warning does cause the publisher to cease and desist, then legal proceedings will begin.

Heise rejects the charges and claims that the article does not contain any instructions or advertising and that providing a link to the website of the software is not relevant since its readers could easily locate the site through online search engines. Olli submitted the following news via our news submit:

On behalf of several major firms in the music industry (BMG, edel, EMI, Sony Music, Universal Music and Warner Music), the Waldorf law firm of Munich sent Heise Zeitschriften Verlag a dissuasion this Friday. Among other things, the letter accuses the publisher of violating Â§ 95a of the German Copyright Act (UrhG) in an article in the news ticker heise online (AnyDVD é¼berwindet Kopierschutz von "Un-DVDs"). In addition, heise stands accused of spreading illegal "devices to get around anti-piracy measures". This law forbids, among other things, the manufacture, import, dissemination, sale, rental, and advertising of such software and hardware that circumvents copy protection measures.

According to the music industry, simply providing a link to the start page of the web site of a copying software manufacturer constitutes a violation of this law. Furthermore, Heise Verlag is accused of having provided "instructions on how to get around anti-piracy measures" in the above news item. Finally, the letter even speaks of the news item as "illegal advertising" for the sale of the software.

Read the full article here.

It is sad to see that even publishing news on software that circumvents copy-protection measures is against the law in Germany. Unfortunately, this will likely affect many news publishers within the country and will certainly make some of them think twice of even publishing news on certain software in case it violates copyright law within Germany.

Olli added: Copyright Laws vs. Freedom of Press and free speech. I really hope, that the music industry will sue Heise in court and will lose (which is in my opinion very likely). I really hope, that this shot will backfire on them!

Source: heise online