> I work on this for EFF
> Firstly, these are just recitals. They're not a binding part of the Directive, they just lay out the justifications for the law.
Have you ever been in a courtroom in EU? Explanations for the laws are guides to judges to rule on the laws. Judges cannot go against the explanation and apply just the technical bit, their decisions will be overturned 100%.
Sure... This directive is hardly perfect, but it's also only the first step in the process.
When it comes to can vs should, you should know that both are optional. And copyright groups do try to limit the multiple exemptions from copyright every single day.
Have you ever been in a courtroom in EU? Explanations for the laws are guides to judges to rule on the laws. Judges cannot go against the explanation and apply just the technical bit, their decisions will be overturned 100%.
Sure... This directive is hardly perfect, but it's also only the first step in the process.
When it comes to can vs should, you should know that both are optional. And copyright groups do try to limit the multiple exemptions from copyright every single day.