“The underlying key question – can technology solve this problem and, if so, should technology be allowed to determine law? – remains unanswered.”
As part of the conference, on the morning of Thursday, 3 July a panel entitled Filtering away Infringement: Copyright, Injunctions and the Role of ISPs was held. The panel was set up as a mini mock trial of a topic that has been especially controversial in the area of online copyright infringement in recent years, particularly in Europe: that of injunctive orders imposed on internet intermediaries for the [...]
“A take-down notice which generically refers to the titles of the infringing videos, without specifically indicating their URLs, is not sufficient to determine the “actual knowledge” of the hosting provider.”
On May 5, 2014, the Distric Court of Turin has given a preliminary ruling on the proper content of the take-down notices in copyright infringement disputes. Although the decision is not completely surprising (see, in this regard, this ruling of the Distric Court of Rome, 11 July 2011), it sets the standard for copyright holders on how to draft a take-down notice to be notified to a ISP.
The action has been brought by Delta TV, an Italian company which produces and d [...]
On 13 September 2012, three months after the first ruling in a case opposing the French TV channel, TF1, to YouTube, the Paris Court of First Instance (Tribunal de Grande Instance) issued a second judgment in a case opposing the same TV channel to Dailymotion. The facts of the two cases are quite similar but the conclusions of the Court differ. In the first case, the Court dismissed the TF1′s claims (copyright and related rights infringements) although the Court acknowledged the liability of YouTube for the late removal of duly notified infringing content. In the second case, not only did the Court find Dailymotion liable but the Court also sanctioned the platform by awarding a substantial a [...]
Lower courts have shifted from a notice and take down rule (provided by the e-commerce Directive and the LCEN) to a notice and stay down rule (created by the judges). This interpretation was confirmed in 2011 by the Paris Court of Appeal. However, on 12 July 2012, the Court of Cassation put an end to this judge-made law by issuing its eagerly awaited position on that issue.
July has been a busy month for the French Supreme Court. On 12 July 2012, the Court of Cassation issued four interesting decisions. The three first ones relate to the obligations of online intermediaries concerning subsequent publications of infringing materials and will be the topic of this blogpost; whereas the fourth d [...]