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Phil7C - Thu, 01 Jan 04 :

Re Evening Standard article in October suggesting that Tad had found a new method of preventing CD copying.... it now seems that a Belgian consumer association (Test-Achats) is taking EMI, Sony et al to court claiming that the inability to copy CDs infringes the buyer's copyright in the goods. Seems strange to me as every sale contains only an implied licence to reproduce for personal use, and nearly every implied term can be expressly rejected (assuming the CD cases do specifically mention this). More interesting, buyers find that these CDs cannot be used in certain types of equipment (some PCs and car stereos). This is clearly a breach of contract in the UK as it is covered by sale of goods legislation regarding satisfactory quality for all normal use. SO, is Tad's product better? And even if it is, will it be renedered pointless by the Belgian litigation? Pachandl.


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