French The World Ordered To Compensate Bouygues Telecom For Hadopi-Related Costs
On Apr 4th, the French Conseil d'Etat (Supreme Court inwards administrative police delineate matters) ordered the State to pay Bouygues Telecom (recently the target of an aborted merger alongside Orange) €900,000 past times fashion of comepnsation for the costs incurred inwards the implementation of the HADOPI iii strikes' regime.
Readers volition recollect that the regulatory framework surrounding the HADOPI regime adopted inwards 2009 called for a decree to survive adopted past times the authorities that would permit the ISPs tasked alongside collecting as well as transmitting the wrongdoers' IP addresses to seek as well as obtain suitable compensation from the State for the associated costs. However, the authorities never got aroud to genuinely promulgating the decree, alongside the lawsuit that inwards Dec 2015 the Conseil d'Etat formally ordered it to create so, holdng that the "reasonable delay" for as well as so doing had long since expired.
Last week's ruling past times the Conseil d'Etat was hence the logical extension of its Dec 2015 decision. It awarded the Internet access provider €900,000 (which plant out to 37.5 euro cents per IP address).
This is a determination certain to survive noticed past times all French ISPs, who accept to appointment borne these costs.
It is interesting to contrast this ruling alongside the recent determination handed downward past times the Paris Court of Appeals inwards the Allostreaming case, where the Court held that the costs incurred inwards connective alongside the implementation of a blocking social club were to survive borne non past times the rightsholders simply past times the ISPs. One of the points made past times the Appeals Court inwards its ruling was that, dissimilar other situations where the Internet access provider was mandated past times the populace authorities (such every minute HADOPI), this was a mortal enforcement case.
Link to Apr four Conseil d'Etat ruling (in French) here
Post on Allostreaming decision here
Readers volition recollect that the regulatory framework surrounding the HADOPI regime adopted inwards 2009 called for a decree to survive adopted past times the authorities that would permit the ISPs tasked alongside collecting as well as transmitting the wrongdoers' IP addresses to seek as well as obtain suitable compensation from the State for the associated costs. However, the authorities never got aroud to genuinely promulgating the decree, alongside the lawsuit that inwards Dec 2015 the Conseil d'Etat formally ordered it to create so, holdng that the "reasonable delay" for as well as so doing had long since expired.
Last week's ruling past times the Conseil d'Etat was hence the logical extension of its Dec 2015 decision. It awarded the Internet access provider €900,000 (which plant out to 37.5 euro cents per IP address).
This is a determination certain to survive noticed past times all French ISPs, who accept to appointment borne these costs.
It is interesting to contrast this ruling alongside the recent determination handed downward past times the Paris Court of Appeals inwards the Allostreaming case, where the Court held that the costs incurred inwards connective alongside the implementation of a blocking social club were to survive borne non past times the rightsholders simply past times the ISPs. One of the points made past times the Appeals Court inwards its ruling was that, dissimilar other situations where the Internet access provider was mandated past times the populace authorities (such every minute HADOPI), this was a mortal enforcement case.
Link to Apr four Conseil d'Etat ruling (in French) here
Post on Allostreaming decision here
French The World Ordered To Compensate Bouygues Telecom For Hadopi-Related Costs
![]()
Reviewed by Dul
on
May 24, 2018
Rating:
No comments: