French Supreme Court rules on intermediary liability for copyright infringement.


French Supreme Court rules on intermediary liability for copyright infringement. The French Supreme Court (Cour de Cassation) has issued four opinions about the role of online service providers in guarding against online copyright infringements. The case of SNEP vs. Google France may lead Google to censor its “auto‑complete feature” (which automatically suggests commonly‑used terms associated with the queries submitted by users). The French phonographic industry lobby (SNEP) had sued Google for providing search suggestions such as “Torrent”, “Megaupload” and “Rapidshare” when users typed the names of artists or music groups into the Google search bar. Those suggestions are associated with online copyright infringement. SNEP’s request that Google stop suggesting such terms was rejected by both the Court of First Instance and the Appellate Court. While such online services could be used to infringe copyrights, they were not illegal in themselves. The French Supreme Court reversed the lower rulings. The Court held that Google’s autocomplete feature actually “provided the means to infringe copyright and related rights.” SNEP’s request could in fact “prevent or terminate such infringements.” The Court remanded to the lower court. Note that this ruling came six months after Google decided to voluntarily remove “Rapidshare”, “uTorrent” and “MegaUpload” from its Google Suggest service. | In three other separate but similar opinions, the French Supreme Court upheld the rights of Internet users and service providers against the claims of right holders. The Court’s decisions in these cases end the “notice and staydown” injunctions in France, which were becoming increasingly popular in courts. “Notice and staydown” injunctions prevent internet users from publishing content that has already been notified and taken down (thus “notice and staydown”, as opposed to the traditional “notice and takedown”). In all three cases, the appeals court had ruled that Google did not adopt adequate measures to prevent the re‑indexation of infringing videos and images of which Google had been notified and which Google had removed. The French Supreme Court did not find online service providers under the obligation to prevent any future infringements. The three appellate rulings violated EU and French law by imposing “a general obligation to monitor” Google’s content. Google would have to implement a “blocking mechanism with no limitation in time”, which would be “disproportionate to the pursued aim.” While European Court of Justice (ECJ) recently rejected blocking measures based on five cumulative criteria in the Netlog vs. SABAM case, the French Supreme Court finds the “no limitation in time” criterion alone sufficient to make the blocking measures disproportionate. Citation: French Supreme Court decisions (so far published only in French), SNEP vs. Google France (12.07.2012); Bac Films vs. Google France and Inc (1& 2) (12.07.2012); and AndrĂ© Rau vs. Google & AuFeminin.com (12.07.2012)
 


**** Terik Hashmi is a business consultant serving businesses in the marketing realm. Among his clients are a medical service provider and an Online Reputation Management company. - Attorney Website at: https://terikhashmiattorney.com/ - Attorney Profile at: https://solomonlawguild.com/terik-hashmi%2C-esq# - Attorney News at https://attorneygazette.com/terik-hashmi%2C-consultant#eec97f53-49a0-4c94-869a-4847514cb694

Terik Hashmi, Attorney at Law, Legal Commentary

Seminar on Online Reputation Management (ORM) for Lawyers

Seminar on Online Reputation Management (ORM) for Lawyers in Washington, DC a success Online Reputation Management has become a cruci...