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Less Legal Claims and More Cooperation from Copyright Owners in Connection with the Piracy Fight on the Internet

July-August 2009

Légipresse n° 263

At a time when there is a great deal of talk about containment on copyright infringements on the Internet, the recognition by jurisprudence - and not by the law itself, which is very rare – of the necessity for copyright holders to contribute to the fight against Internet piracy may promote the development of the legal availability of content online (2nd section of the Olivennes report, barely covered by the Hadopi law).

In the case of copyright infringement, the triptych consists of 1) the technical intermediary Internet host or ISP, 2) the Internet user and 3) the owner of the content. With these in mind, the idea is to give a sense of responsibility to the victim, i.e. the owner of the content, so that they take action to defend their rights in advance (and not just to punish violations of its rights later).

Questions remain, however, concerning the implementation of the necessity for beneficiaries to collaborate (e.g., should the beneficiary collaborate with all the intermediaries, or can we develop a centralized filtration system? who will manage the costs and the technical methods in the fight against copyright infringement?).

The team

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