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IRIS 1999-8:1/9 [FR] Telephone Directory Protected by Sui Generis Right Granted to Producers of Databases

In a recent high-profile decision, the Commercial Court in Paris applied the Database Protection Act of 1 July 1998 in favour of France Télécom, the national company which until 1 January 1998 held a monopoly in the market for telecom services in France. The case concerned the offer to the public by the company MA Éditions of a reverse directory on the Minitel server «3617 Annu» and on the Internet. The service had been made possible by the company downloading data from France Télécom's electronic directory, which can be accessed using the code «3611». The judges of the Commercial Court held that...

IRIS 1999-8:1/4 [FR] Draft Legislation on the Information Society

The French Government has confirmed its voluntary approach to the new information and communications technologies (see IRIS 1999-2: 3). The French Prime Minister, Lionel Jospin, announced on 26 August at the Communication Summer School in Hourtin that a bill on the information society would be submitted to the Parliament early next year. The Prime Minister said that certain essential decisions needed to be set out in legislation. These included, for example, freedom to use encryption in order to ensure the confidentiality of communications. It was also necessary to adapt French legislation on consumer...

IRIS 1999-7:1/13 [FR] Canal+ Sanctioned for Abuse of Dominant Position

Canal+, the main investor in the French cinema industry, has just been fined 10 million French francs (more than EUR 1.5 million) for abusing its dominant position in the pay-television market and in the market for the broadcasting rights for recent French films. The encrypted channel does indeed play an essential role in production by pre-purchasing 80% of French films. This financing is subject to a clause reserving exclusivity for broadcasting these films for one year following the twelve months after the film has first been shown in cinemas. To ensure their development, the pay-per-view channels...

IRIS 1999-7:1/12 [FR] Ban on Publishing Public Opinion Polls before an Election Does Not Contravene Article 10 of the European Convention on Human Rights

The week before the European Parliament elections, the Conseil d'État delivered its judgment on the legality of the French law regulating the publication of public opinion polls. Article 11 of the act of 19 July 1977 prohibits the publication, broadcast or reporting of any opinion poll directly or indirectly related to an election during the week preceding voting and during the actual voting period. Last March the CSA ( Conseil supérieur de l'audiovisuel - government regulatory body for radio and television) sent a recommendation to all television and radio services, reminding them of the ban....

IRIS 1999-6:1/31 [FR] The CSA Sanctions Eight Radio Stations for Failure to Comply with the Quota for French-Language Songs

Having noted that in February, as had been the case for some months, eight radio stations broadcasting nationally (NRJ, Fun, Europe 2, Vibration, Vitamine, Top Music, Oui FM and Contact FM) had not complied with the quota of 40 % of songs broadcast being in French as required by the Act of 1 February 1994, the CSA served notice on them. This is an essential preliminary to being able to implement its powers of sanction. The operators strongly contest this requirement which imposes an obligation on all radio stations that 40 % of the songs they broadcast between 6.30 am and 10.30 pm must be in French,...