Thanks, Raff,
I was going to say that with the spread of C2 based protections, protected CD can no longer be considered as Compact Disc Digital Audio, since they don't comply with the Red Book specifications, as Philips already stated. But the text doesn't speak about CD, but about any digital media.
QUOTE
Technological measures shall be deemed "effective" where the use of a protected work or other subject-matter is controlled by the rightholders through application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject-matter or a copy control mechanism, which achieves the protection objective.
but
QUOTE
1. Member States shall provide for adequate legal protection against any person knowingly performing without authority any of the following acts:
(a) the removal or alteration of any electronic rights-management information;
(B) the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject-matter protected under this Directive or under Chapter III of Directive 96/9/EC from which electronic rights-management information has been removed or altered without authority,
if such person knows, or has reasonable grounds to know, that by so doing he is inducing, enabling, facilitating or concealing an infringement of any copyright or any rights related to copyright as provided by law, or of the sui generis right provided for in Chapter III of Directive 96/9/EC.
Thus if we copy a protected CD without knowing it's protected because it can be copied without any speciel operation, we're not guilty.