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IFPI Comment On Test-Achats Judgement
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The Belgian court rejected today the complaint made by consumer organisation Test-Achats against four record companies in Belgium (EMI, Sony, Universal and BMG), which challenged their use of technical measures to protect against piracy. Test-Achats asked for the companies to be prevented from using technical measures on their CDs and for all copy-controlled CDs on the market to be removed. In today’s ruling, the judge confirmed that there is no ‘right’ to a private copy under Belgian legislation and rejected Test-Achats’ demands.
The judgment is in line with previous court cases and government proclamations in other countries. In France, the Tribunal de Grand Instance de Paris on 30 April rejected a similar challenge to the technical protections used on DVD videos. In the Netherlands, the Minister of Justice has told the Lower House that copy-control protections on audio CDs do not as such raise problems for consumers, given that such discs are primarily designed to be played on CD players.
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