La Societe Civile des Producteurs Phonographiques (SCPP) v. Orange, Free, SFR, and Bouygues Telecom, Tribunal de Grand Instance (TGI) Paris

Document type
Court Decision
Country
The High Court of Paris ordered ISPs to “implement all necessary measures to prevent access from the French territory to the music file-sharing site the Pirate Bay and its redirection sites and mirror sites.” The French Court acted upon a claim of the Société Civile des Producteurs Phonographiques Civil Society of Phonogram Producers (SCPP). he blocking order was issued on the basis of Article L336-2 of the French Code of Intellectual Property. The article implements Article 8(3) of the EU Information Society Directive by providing that “in the presence of an infringement of a copyright or related right caused by the content of a public online communication service, the high court . . . may order at the request of rights holders . . . all appropriate measures to prevent or stop such infringement of a copyright or related right, against anyone who might help to find a remedy to the infringement.” To enhance its effectiveness, the order covers also a list of specifically enumerated redirection sites, mirror site, and proxies.
Country
Year
2014
Topic, claim, or defense
Copyright
Jurisdiction
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Internet Access Provider (Including Mobile)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
Civil
General effect on immunity
Mixed/Neutral/Unclear
General intermediary liability model
Takedown/Act Upon Court Order