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IRIS 2004-10:1/21 [FR] Video Pirate Acquitted

On 13 October 2004 the Regional Court in Rodez delivered a decision that has attracted a lot of attention in the present climate of intense consideration of peer-to-peer technology. To date, there have been very few cases on the downloading and exchange of works that are protected by copyright and neighbouring rights that would provide precedent, which means that the matter is not clearly settled. On 29 April, the Regional Court in Vannes imposed a suspended sentence of three months imprisonment and a fine in respect of six Internet users who had downloaded films, music, games and software and...

IRIS 2004-10:1/20 [FR] Histoire Channel Authorised to Broadcast the Papon Court Case

Court cases concerning crimes against humanity are of historic interest, within the meaning of Article 1 of the Act of 11 July 1985 in favour of the constitution of audiovisual court archives (currently Article 2221 of the Heritage Code) and as such may be broadcast by audiovisual means. Under Article 8(2) of the same text, broadcasting a court case of this kind is possible if it is authorised by the Presiding Judge of the Regional Court on condition that a final judgment has been delivered and the case has been closed. Thus in 2002 and 2003 the Histoire theme channel had been refused authorisation...

IRIS 2004-10:1/19 [FR] Another Setback for Terrestrially-broadcast Digital Television

On 20 October the Conseil d'État, in response to an application brought by TF1, cancelled the last six of the twenty-three authorisations issued in June 2003 by the CSA (Conseil supérieur de l'audiovisuel ­ audiovisual regulatory body) to editors of television services intended for terrestrial broadcasting in digital mode. The authorisations had been allocated to the channels MCM, Canal J, Sport +, I-Télévision, Ciné-Cinéma Câble and Planète Câble, held by Canal+ and Lagardère. Referring to the joint control exercised by the two companies on the channels MCM and Canal J, TF1 felt that the authorisations...

IRIS 2004-9:1/21 [FR] CSA Calls on Courts for Immediate Stop to Broadcasting by Unapproved Foreign Satellite Channel

Aware that the CSA (Conseil supérieur de l'audiovisuel ­ audiovisual regulatory body) has no control over the Lebanese channel Al Manar, broadcast in France by Eutelsat, which offers a serial likely to be considered anti-Semitic (see IRIS 2004-4: 10), the public authorities have reworded the references to audiovisual services in Article 42-10 of the Act of 30 September 1986 (see IRIS 2004-8: 8). Thus under Article 82 of the Act on electronic communications and audiovisual communication services of 9 July 2004, the CSA's Chairman may appeal to the Courts "to put a stop to a satellite operator broadcasting...

IRIS 2004-9:1/20 [FR] Plagiarism of the Heroine of the Film "The Fifth Element" – Defined as an Original Work – in an Advertisement

In March 2004 the Regional Court of Paris ordered the telephone operator SFR and the advertising agency Publicis to pay the film company Gaumont EUR 300 000 for parasitic conduct as it had run a large-scale advertising campaign that deliberately used elements that were evocative of the film (see IRIS 2004-5: 7). One month later, the two companies appealed against the judgment, as did Luc Besson, whose application to the Courts on the grounds of piracy infringing his moral right as co-author of the film had been dismissed by the Court. On 8 September, the Court of Appeal in Paris delivered a much-remarked...