A possible setback for DRM in Europe

Posted Feb 14, 2014 10:09 UTC (Fri) by jezuch (subscriber, #52988)
In reply to: A possible setback for DRM in Europe by Wol
Parent article: A possible setback for DRM in Europe

> I think the European Civil law system is less deferential to precedent than the Anglo-Saxon system, but in the Anglo-Saxon system too it is normal to look at what other courts have done.

No, this is a key difference. A fundamental, cultural and philosophical difference. The practical result is that under Common Law ("Anglo-Saxon") the courts can (and do) make laws; in Civil Law they can't (this is an exclusive prerogative of the legislative branch). That's what the "precedent" means here: some court somewhere made a law. In Europe it's more like "let's see how others interpreted this piece of law" but it's just interpretation, not law. (And there are other interpretations to consider as well.)

Of course, IANAL :)