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IRIS 2007-6:1/16 [FR] Re-launch of Plan to Monitor Peer-to-peer Networks

The Act of 6 August 2004 amended the “Information Technology and Freedom” Act of 6 January 1978, which regulates the processing of personal data in France, with the addition of an Article 9-4 giving bodies that collect and manage royalties and neighbouring rights and bodies that defend the profession the possibility of implementing “the processing of personal data concerning unlawful action (…)”. The text was referred to the Constitutional Council, who validated the new provision, which was “aimed at combating piracy practices that are developing on the Internet network”. Carrying out data processing...

IRIS 2007-6:1/4 European Commission: Green Light for State Aid for the Télévision Mobile Sans Limite R&D Project

The European Commission authorised the grant of an aid of EUR 37.6 million by the French Agence de l’innovation industrielle (Agency for Industrial Innovation) towards the Télévision Mobile Sans Limite (Unlimited Mobile Television) R&D project. The project is being carried out by a group of French public research bodies and companies, headed by Alcatel-Lucent’s subsidiary in France. The project aims to develop a new mobile TV broadcasting technology combining satellite and terrestrial networks, to be launched in 2009. Such technology is expected to improve the current reception quality, the number...

IRIS 2007-5:1/13 [FR] Setting up of the Regulatory Authority on Technical Protection Measures

The new Regulatory Authority on technical protection measures ( Autorité de régulation des mesures techniques de protection - ARMTP) created by the Act on copyright and neighbouring rights in the information society (the “DADVSI” Act) of 1 August 2006 (see IRIS 2006-8: 13 and IRIS 2006-7: 11), was launched by the Minister for Culture on 6 April 2007. The decree on the functioning of this new independent administrative authority (submission of cases, investigation of applications, powers, means of appeal, etc.), which is composed of six members appointed by decree for a period of six years, was...

IRIS 2007-5:1/12 [FR] Private Copying versus Technical Protection Measures - the End of the Dispute?

In the same week in which the setting up of a new regulatory authority on technical protection measures took place (see below), the court of appeal in Paris, deliberating on appeal, confirmed the validity of placing an anti-copying protection measure on a DVD (see IRIS 2006-4: 12). In doing so the court reiterated its position on the legality of making a private copy, which “did not constitute a right, but a lawful exception to the principle of prohibiting any total or partial copying of a protected work made without the consent of the copyright holder”. In this case, the applicant, who had bought...

IRIS 2007-5:1/11 [FR] Infringement of Copyright with Respect to the Credits of a Film

The regional court in Paris has just upheld the case brought (jointly) by the graphic artist, designer and director of the credits of Steven Spielberg’s film “Catch me if you can”, which was released in France in February 2003 with the title “Arrête-moi si tu peux”. These professionals had discovered, two and a half years later on the Internet, a trailer for a different film, with images and sequences that the complainants claimed plagiarised their credits, without their names being mentioned. In their defence, the producer of the disputed film, its distributor and the company that designed and...