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72 respect to a protected work. Although the legal protection of TPMs does not confer, as such, an exclusive right on the rights holder, article 6 of the Information Society Directive deserves attention for two main reasons: first, because this article constitutes the main adjustment to Europe’s copyright framework as a result of the implementation of its international obligation under the WIPO Internet Treaties; and second, because the use of TPMs—and their legal protection—is seen as one of the main components to the establishment of digital rights management systems (DRMs).

According to article 6(1) of the Information Society Directive, Member States must “provide adequate legal protection against the circumvention of any effective technological measures, which the person concerned carries out in the knowledge, or with reasonable grounds to know, that he or she is pursuing that objective”. In other words, this provision requires that Member States prohibit acts of circumvention of TPMs by any person who knows or should have reasonable grounds to know that she is committing an act of circumvention. As a complement to the protection afforded under article 6(1) of the Directive, article 6(2) provides for a prohibition on the supply of any product or service which primarily enables or facilitates the circumvention of TPMs or a prohibition on acts preparatory to actual circumvention. According to article 6(2), Member States must provide:

adequate legal protection against the manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of devices, products or components or the provision of services which:

In addition, the expression “technological measures” as defined under article 6(3) of the Directive means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other subject-matter which are not authorised by the right holder of any copyright or any right related to copyright. This formulation differs from article 11 of the WCT, which protects TPMs only