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IRIS 2009-6:1/18 [FR] Decision of the Paris Court of Appeal on the Liability of Video-sharing Platforms

On 6 May 2009 the court of appeal in Paris delivered a notable decision on the first dispute to be submitted to the French courts on the liability of video-sharing platforms. The director and the producer of the film “Joyeux Noël” claimed that the company Dailymotion allowed the film to be viewed using streaming technology despite having been sent formal notice to withdraw the film. The regional court of Paris had found in favour of the rightsholders on 13 July 2007 and held the company Dailymotion, categorised as a host service provider, guilty of infringement of copyright in respect of the film...

IRIS 2008-6:1/12 [FR] Regional Court in Paris Confirms Host Status of Dailymotion

On 15 April 2008, the 3rd chamber of the Regional Court in Paris delivered two noted decisions in two very similar disputes (even down to the wording of the judgments), between comedians (Jean-Yves Lafesse; Omar et Fred) and Dailymotion, on the grounds that extracts from videos of their sketches had been made available on its video-sharing platform. Once again (see IRIS 2008-4: 13 and IRIS plus 2008-5) the question arose concerning the uncertainty of the border between editor and host and of the scheme of liability of video-sharing sites in the event of the unlawful exploitation of audiovisual...

IRIS 2007-5:1/33 [TR] Court Imposes a Ban on YouTube

On 6 March 2007 the Istanbul First Criminal Peace Court ordered a blockage of any access to YouTube.com, a popular video-sharing website. The subject of the court ruling was a video that was deemed to insult Mustafa Kemal Ataturk, the founder of modern Turkey. In the week preceding the Court's decision, the internet platform YouTube was used as a platform for a virtual conflict between Greeks and Turks who were placing videos on the website with offensive contents. According to news reports, the video, which was the subject matter in the dispute at hand, contained the statement that Ataturk and...