Movie Producers Compass Pregnant Win Inwards French Court

                                                                                   

                                                                Who pays the piper?  ISPs!

French film producers of late scored a meaning legal victory inwards their continung struggle against online piracy.

By a ruling dated March 15th the Paris Court of Appeals non solely upheld a lower court's determination that meshwork access providers as well as search engines (collectively, ISPs) were obliged to block access (in the representative of access providers) as well as take links (in the representative of search engines) to pirate sites simply reversed the trial court's determination that the rightsholders had to comport the costs associated alongside the implementaion of such measures.  In other words, the appellate courtroom held that such costs were to move borne yesteryear the ISPs.

In reaching this conclusion, the Court of Appeals reasoned equally follows:

Section L.336-2 IPC (the French transposition of Article 8, paragraph iii of the Info Soc Directive), upon which the activity against the ISPs was based, is non an activity seeking reparation for impairment suffered simply rather a specific physical care for to move used against intermediaries who are non (necessarily) liable for the infringement.  Consequently, a fault-based approach to the determination of the costs number is non appropriate.

Referring to the CJUE's ruling inwards the UPC Telekabel case, the Court noted that piece it was truthful that obliging the ISPs to comport the costs of the measures adversely affected their fredom to behavior business, this was non unreasonable given that they were gratis to stimulate upwards one's postulate heed the precise technological measures deployed based on their resources as well as capacity (as long equally the desired results were achieved).

The Court equally good referred to the full general regulation inwards French constabulary nether which it is non for the political party who is a victim of wrongdoing as well as who seeks redress inwards courtroom to pay the costs associated therewith. The Court noted that the already precarious fiscal province of affairs of the rights holders would move seriously jeopardized yesteryear imposing the costs on them whereas the ISPs "derive an economical turn a profit from the access (in detail yesteryear agency of advertising on their pages) as well as it is hence legitimate as well as proportional that they contribute financially" to implementing the measures.  (This detail finding has already been criticized yesteryear surely commentators equally factually inaccurate.)

In reply to the declaration seat forth yesteryear the access providers that the statutory provision inwards inquiry did non expressly render for them to comport the costs whereas surely other statutory provisions did, the Court noted that piece this was truthful the latter existed inwards contexts where the blocking measures were sought yesteryear the State for reasons of world social club (online gambling, national defense) as well as non inwards contexts of somebody rights enforcement.  Accordingly, the absence of limited provisions imposing such costs on the access providers inwards Section L.336-2 IPC was non a bar to doing so.

The Court of Appeals' determination has been hailed yesteryear many (including the CNC) equally an of import pace inwards fighting online piracy.  There has been around press speculation that the ISPs intend to appeal to the Cour de cassation.

Link to ruling inwards French here