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Gideon.. you keep falling back on "fair use" as if it's the determining factor in all copyright law.. as if it pushes the coypright law... it does not. It is a byproduct of it. The intention of the laws are to protect the works but then to provide users the ability to protect their individual rights.. not collective rights. Re-distribution requires permission from the original copyright holder unless that permission cannot be obtained. Pretty cut and dry actually.
It is clear that fair use is intended as a means for private protection only and that distributing a work is a violation of the acts... even on the european side.
The Berne Convention recognizes that member states will accept and recognize violations occuring within other member states.. the EUCD accepts that as well but leaves the punishment up to the member state.... it does not say that the member states can opt of out whether or not infringements are valid and occuring.
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