The Court of Appeal of Paris has largely confirmed Tuesday the conviction of those responsible site RadioBlog music on demand for broadcasting without a license titles protected by copyright. On 3 September 2009, the Paris Criminal Court had sentenced the founder of the site, Tersiguel Benedict, and his father, Jean-Louis, one year suspended sentence and 10,000 euro fine and ordered to pay more one million euros in damages to record producers.
On Tuesday, the Paris Court of Appeal acquitted the two accused leaders of abuse of corporate assets but was convicted again for "making available to the public of a leading software to listen and unauthorized sharing of protected musical works. " The court reduced the jail sentence to nine months suspended sentence, but upheld the fine of EUR 10 000.
The amount of damages has been fully confirmed. Born in 2003 and closed since early 2008, the site Radioblogclub. fr, edited by Mubility, was a kind of huge jukebox which offers Internet over 300,000 songs streaming, that is to say, in-demand streaming. At trial, the court held that such actions put "in danger of artistic creation, music production and the very survival of performers." For judges in Paris, "the success of the disputed site, which has counted up to 20 million visits per month," resulting in a loss to rights holders.
In their eyes, Mubility, "particularly lucrative," was "born and continued outside any legal framework, in violation of intellectual property rights." On Tuesday, the appeals court confirmed this analysis. To compensate authors, both defendants will have to pay 871,000 euros to the Civil Society of Phonogram Producers (SCPP) and 218 000 to the Society of Phonogram Producers in France (SPPF).
According to Justice, the sum total of 1.089 million represents the revenue earned by the site in 2006 and 2007 as advertising revenue. 
On Tuesday, the Paris Court of Appeal acquitted the two accused leaders of abuse of corporate assets but was convicted again for "making available to the public of a leading software to listen and unauthorized sharing of protected musical works. " The court reduced the jail sentence to nine months suspended sentence, but upheld the fine of EUR 10 000.
The amount of damages has been fully confirmed. Born in 2003 and closed since early 2008, the site Radioblogclub. fr, edited by Mubility, was a kind of huge jukebox which offers Internet over 300,000 songs streaming, that is to say, in-demand streaming. At trial, the court held that such actions put "in danger of artistic creation, music production and the very survival of performers." For judges in Paris, "the success of the disputed site, which has counted up to 20 million visits per month," resulting in a loss to rights holders.
In their eyes, Mubility, "particularly lucrative," was "born and continued outside any legal framework, in violation of intellectual property rights." On Tuesday, the appeals court confirmed this analysis. To compensate authors, both defendants will have to pay 871,000 euros to the Civil Society of Phonogram Producers (SCPP) and 218 000 to the Society of Phonogram Producers in France (SPPF).
According to Justice, the sum total of 1.089 million represents the revenue earned by the site in 2006 and 2007 as advertising revenue.
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