[clug] Testing RTSP Streams [SEC=UNCLASSIFIED]

Conrad Canterford conrad at mail.watersprite.com.au
Sun Nov 18 01:30:45 GMT 2007

On Sun, 2007-11-18 at 03:37 +1100, Paul TBBle Hampson wrote:
> On Tue, Nov 13, 2007 at 05:41:28PM +1100, Roppola, Antti - BRS wrote:
> > So I suppose it depends on whether accepting a EULA to access the
> > service has precedence over any rights for fair dealing you might have
> > under Copyright.
> The difference is that the fair dealing provisions in the Copyright Act
> aren't rights, they're just not infringements on Copyright.
> You're still bound by whatever agreement you undertook to receive your
> copy, as there's nothing akin to the provision regarding computer
> programmes which nullifies agreements relating to these provisions.
> Once you have a copy, breaking the license agreement to parody the work
> is a (civil) contract law thing, not a (criminal) copyright
> infringement. ^_^

That was my first thought on this too ... except that I cannot see how a
contract arises in this instance. Rather I suspect that the licence
agreement is just terms under which the copyright owner waives their
rights under the copyright legislation. In that case, the EULA will not
have effect to override the fair dealing provisions.

Go see a copyright lawyer if its important to you....

(Occasional lawyer)

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