Volume III

Issue : 6: March 24, 2005

• French Court of Appeal Rules on Downloading
• U.S. Banks May Have to Warn Customers of Suspected Identity Theft
• Ongoing U.S. State-Federal Dispute over Internet Gambling
• French News Service Sues Google
• Michigan Court of Appeals Finds Union Owes Duty to Protect Employees from Identity Theft
• Google Loses Appeal in French Trademark Case
• Maine Court Rules on Identifying Anonymous Internet Users

Home > Volume III > Issue 6: March 24, 2005 > French Court of Appeal Rules on Downloading

French Court of Appeal Rules on Downloading

The French Court of Appeal has recently released an individual from prison who was sued for copying almost 500 movies on the Internet, burning them and sharing them with friends. The decision was based on Article L-122-5 of the French Intellectual Property Code which states that "authors can't forbid copies or reproductions that are only intended for the private use of the copyist." Although this decision seems to provide the impression that private use may be a defense against a claim of online copyright infringement, there are still approximately 50 similar criminal cases pending, and in the past, infringers have been sentenced.

For additional information, visit:

http://frenchdownload.notlong.com/

For a copy of the decision, visit:

http://www.juriscom.net/documents/camontpellier20050315.pdf