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IRIS 2008-6:1/13 [FR] Competition Council Makes Pronouncement on an Exclusive Agreement for Catch-up TV

Catch-up TV, which enables a viewer to watch on-demand content broadcast previously on a channel's ordinary network, has developed considerably in recent months. Initiated by Arte (with Arte +7), catch-up TV was also adopted in March by M6 (M6 Replay) and Canal Plus (Canal Plus on demand), and will be available, from 26 May 2008, for Orange television subscribers (TV using ADSL), under the terms of a partnership signed by Orange (France Télécom) and France Télévisions, which will give Orange subscribers exclusive rights to watch, or watch again, at any time during a 15-day period, the main programmes...

IRIS 2008-6:1/12 [FR] Regional Court in Paris Confirms Host Status of Dailymotion

On 15 April 2008, the 3rd chamber of the Regional Court in Paris delivered two noted decisions in two very similar disputes (even down to the wording of the judgments), between comedians (Jean-Yves Lafesse; Omar et Fred) and Dailymotion, on the grounds that extracts from videos of their sketches had been made available on its video-sharing platform. Once again (see IRIS 2008-4: 13 and IRIS plus 2008-5) the question arose concerning the uncertainty of the border between editor and host and of the scheme of liability of video-sharing sites in the event of the unlawful exploitation of audiovisual...

IRIS 2008-6:1/11 [FR] Dispute over Commercial – CSA Position Upheld by the Courts

The courts have finally intervened in the "opposition" debate between the Bureau de Vérification de la Publicité (advertising regulatory board – BVP) and the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory authority – CSA) over the commercial for the sale of medicines not refunded under the health service in Leclerc hypermarkets (see IRIS 2008-5: 8). Disregarding the BVP's negative opinion, the CSA had authorised the broadcasting of the commercial in which the chain of hypermarkets, noting that the increase in the prices of medicines sold in chemist's dispensing shops that were not refunded...

IRIS 2008-5:1/32 User-Generated Content Services and Copyright

There is a lot to learn about the Internet, especially for those generations who still grew up without broadband connections and Wi-Fi technology. Let’s take the example of DailyMotion, a video hosting service website. Whether deliberately or accidentally, its name does not only point to its ever changing pools of content and users but it also symbolises a technology that develops at great speed and sets its users into motion. It invites active participation from those who used to be passive customers. To be blunt, services such as DailyMotion depend on consumers’ contribution – that is, on user-generated...

IRIS 2008-5:1/15 [FR] Report on the Cinema and the Law on Competition

At the end of the mission entrusted to them in September 2007 on relations between the cinema and the law on competition, Anne Perrot and Jean-Pierre Leclerc have submitted their conclusions to the Ministers for the Economy and for Culture. The purpose of the mission was to respond to specific concerns involving cinema theatres, including: the conditions for films being screened in cinemas; fears of a price war, and the debate over cards for unlimited access; the consequences of the Competition Council’s cancellation of part of the good conduct code between operators and distributors; conflicts...