Friday, February 18, 2011

The French court rejects requests for large-scale withdrawal of contents

The French Appeals Court has dismissed a lawsuit against the site Dailymotion raised his criminal responsibility for hosting content protected by copyright, despite having withdrawn after receiving notice of its illegality. The ruling relies on the arguments already known that a site is not responsible for the content that third parties have entered into it unless you have formal knowledge of illegal content and has refused to withdraw.

But the sentence, as Number me, other considerations come into wider scope: the law does not cover the massive requests removal of content. According to court to request removal of allegedly unlawful content should follow the French law imposes a number of conditions. Among them: a copy of correspondence addressed to the author or editor of the activities at issue asking for their withdrawal or modification or the justification that they have not been located.

Compliance with this procedure prevents therefore the mass withdrawal request content. This statement comes as the French Senate is considering a bill that would establish the requirement of filtering and content monitoring by the site owners they serve. A bill that would conflict with European law.

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