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IRIS 2014-9:1/18 [FR] HADOPI opinion on the exception for making private copies of television programmes

On 17 September 2014, the high authority for the broadcasting of works and the protection of rights on the Internet (Haute Autorité pour la Diffusion des Oeuvres et la Protection des Droits sur Internet – HADOPI) published an interesting opinion, further to a referral by two individuals on the exception for making a private copy of television programmes received via an Internet access provider (IAP) or by satellite. One of HADOPI’s tasks is to ensure that the technical measures used to protect works do not hamper interoperability and the exercise of exceptions to copyright, such as making a private...

IRIS 2014-9:1/17 [FR] Digital technology and fundamental rights – 50 proposals from the Conseil d’État

To what extent does the protection of fundamental rights need to be rethought in the face of the upheaval brought about by the digital era? In its annual study made public on 9 September 2014, the Conseil d’État – as the guardian of fundamental rights and freedoms – attempts to answer the question, drawing up a statement of the current situation and putting forward fifty proposals. The study addresses a number of topical issues (neutrality of the Internet, the right to be forgotten, data ownership, the use made of data and its incorporation in Big Data, etc). This article focuses on those issues...

IRIS 2014-9:1/16 [FR] Google ordered to de-reference links to defamatory articles

On the basis of the decision delivered by the CJEU on 13 May 2014 (see IRIS 2014-6/3), the Paris courts, in an order delivered on 16 September under the urgent procedure, ordered the company Google France to delete links to articles that had been judged as being defamatory. The applicant parties claimed that they had been victims of defamatory statements made on-line, for which the perpetrator had been found guilty in March 2014 by the criminal court. Having discovered that entering their surnames in the Google search engine produced a list of links containing the statements that had been the subject...

IRIS 2014-8:1/22 [FR] CSA Refuses Authorisation For Three Digital TV Channels To Move From Pay-TV to Freeview

On 29 July 2014, at the end of a thorough investigation, the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel – CSA) found that the conditions for authorising the move from digital pay-TV to freeview requested by three channels (LCI – Groupe TF1, Paris Première – Groupe M6) and Planète Plus (Groupe Canal Plus) were not met. The channels are suffering a serious drop in income, which is generated mainly by the fees received from distributors offering the channels to their subscribers (CanalSat, Numericable, etc). The Act of 15 November 2013 amended Article 42-3 of the Act of 30 September...

IRIS 2014-8:1/21 [FR] Competition Authority Suspends Agreement Allocating Exclusive Broadcasting Rights For French Rugby Championship Matches to Canal Plus

By a decision on 30 July 2014, the Competition Authority suspended the agreement between the national rugby league (Ligue Nationale de Rugby – LNR) and Groupe Canal Plus, which allocated exclusive broadcasting rights to the group for the matches in the French first division rugby championship (‘Top 14’) for five seasons, from 2014 to 2018. In December 2013, at the end of fruitless private negotiations with Canal Plus on upgrading television rights for the Top 14, the LNR decided on the early termination on the contract between it and Canal Plus, and announced the start of a tendering procedure...