Technology In The Service Of Law – Example Of Technological Protection Measures In The European Union’s Copyright Law
Technology In The Service Of Law – Example Of Technological Protection Measures In The European Union’s Copyright Law

Summary/Abstract: In the information society, examples of copyright violation by the unlawful use of technology are so numerous, that in some European countries piracy issues and the concept of free software have become an integral part of official programs of certain political parties taking part in elections. The objective of this paper is just the opposite: to demonstrate that technology can also be in the service of law, especially since the development of the European Union law greatly accentuated – mainly because of the freedoms of movement in the Internal Market – the need for a European response to the challenges of copyright protection. The most important act the EU adopted in this field is the Directive 2001/29/EC of the European Parliament and of the Council on the harmonization of certain aspects of copyright and related rights in the information society, while the national legislation in the Member States, as well as the legal doctrine, often have divergent approaches. Based on a jurisprudential analysis and focused literature review, this paper examines the strengths and weaknesses of the EU law harmonization related to the technological protection measures.

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