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IRIS 2000-6:1/14 [FR] The Court of Cassation Upholds the Judgment CANAL+ on abuse of its Dominant Position against

The Court of Cassation has rejected the appeal lodged by CANAL+ against the judgment delivered against it by the Monopolies Board, upheld by the Court of Appeal in Paris, on abuse of its dominant position in the market for the television rights for broadcasting cinema films (see IRIS 1999-2: 7 and IRIS 1999-7: 8). CANAL+ pre-purchases 80% of the rights for broadcasting full-length film productions of French origin. This financing goes hand-inhand with a clause reserving exclusive broadcasting rights for the films by a pay-TV channel for one year following the twelve months after its first showing...

IRIS 2000-5:1/22 [FR] Competition Law and Cable Networks

On 18 April 2000 the Court of Cassation rejected the appeal lodged by France Télécom in the dispute between the "incumbent operator" and the cable television networks operator Numéricâble. The company is a concessionaire of local authorities and broadcasts audiovisual services on a cable network owned by France Télécom. The incumbent operator notified the company of a substantial increase in the cost of access to its network for the transport of audiovisual signals by cable at the time of renewing current contracts. Invoking the serious worsening of the financial straits that would result from...

IRIS 2000-5:1/18 [FR] Counterfeit of a Brand-Name and Infringement of Copyright on The Internet

The Internet host Altern.org has again been sanctioned by the courts, this time - following the Estelle Hallyday case (see IRIS 1999-3: 3), in which it was found that access providers were liable for the circulation of unlawful content - for counterfeiting a brand-name and infringement of copyright. In the present case, there was a site devoted to sadomasochism at Altern.org under the domain name of calimero.org. The site's home-page contained the heading la page francophone de Caliméro ("Caliméro's page in French") and in the centre of the screen an exact reproduction of the character in the Caliméro...

IRIS 2000-5:1/17 [FR] A Multimedia Work Is Not An Audiovisual Work

Following on from the Court of Appeal in Versailles last November (see IRIS 2000-1: 13), the Court of Appeal in Paris has recently pronounced in its turn on the legal status of a multimedia work, in this case a number of CD-ROMs on painting and literature. The dispute was between a company that edits CD-ROMs (Havas Interactive) and the designer and producer of seven CD-ROMs edited by the company (Mr Casaril). According to the contracts concluded by the parties, only the editing company held copyright. The producer was classified as an "independent service provider" and received a lump-sum remuneration...

IRIS 2000-4:1/27 [FR] Electronic Publishing Charter Signed

The reaction of editors of the electronic press to the multiple reproductions of their articles with a view to their circulation on company intranets or on Internet sites has not been long in coming. In the hope of putting an end to the pillage of their content, Les Echos, L'Agefi, Investir, Libération, Le Monde, La Tribune and ZDNet have recently signed an Electronic Publishing Charter intended to guarantee the rights of Internet users, editors and authors. In its preamble, the editors point out that on-line information is subject to the same statutory rules as conventional publishing. They undertake...