The Supreme Court has finally cleared Thursday Dailymotion, prosecuted for broadcasting without a license the film Merry Christmas, a decision in which the French Supreme Court for the first time enshrines the status of the host platform video. The video-sharing site had been accused of forgery, after the publication on the platform of Christian Carion.
However, the law on confidence in the digital economy (LCEN) provides a special status as host for sites that do not themselves produce the content they host, and develop further the obligation to delete their site content reported to them as contrary to law. This status had been recognized as a first Dailymotion trial in 2007 and in 2009, the Court of Appeal also held that the platform had indeed paid its obligations.
The platform was removed when the offending video had been reported, but the director, producer and distributor felt that DailyMotion was outside the host status, and were brought to the Supreme Court. 
However, the law on confidence in the digital economy (LCEN) provides a special status as host for sites that do not themselves produce the content they host, and develop further the obligation to delete their site content reported to them as contrary to law. This status had been recognized as a first Dailymotion trial in 2007 and in 2009, the Court of Appeal also held that the platform had indeed paid its obligations.
The platform was removed when the offending video had been reported, but the director, producer and distributor felt that DailyMotion was outside the host status, and were brought to the Supreme Court.
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