Hosting providers’ liability: Cour de Cassation puts an end to the notice and stay down rule
Abstract
In applying the rules on hosting providers' liability, French lower courts have shifted from a notice and take down rule (provided by Article 14 of the E-Commerce Directive and Article 6 of the French implementing law) to a notice and stay down rule (created by the judges). This interpretation was confirmed in 2011 by the Paris Court of Appeal but overruled by the Cour de cassation on 12 July 2012.
Technologie en recht
Bibtex
Article{nokey,
title = {Hosting providers’ liability: Cour de Cassation puts an end to the notice and stay down rule},
author = {Jasserand, C.A.},
url = {http://jiplp.oxfordjournals.org/content/8/3/192.full?keytype=ref&ijkey=RYEiqCDHLNoOVhF},
year = {0326},
date = {2013-03-26},
journal = {Journal of Intellectual Property Law & Practice},
number = {3},
abstract = {In applying the rules on hosting providers\' liability, French lower courts have shifted from a notice and take down rule (provided by Article 14 of the E-Commerce Directive and Article 6 of the French implementing law) to a notice and stay down rule (created by the judges). This interpretation was confirmed in 2011 by the Paris Court of Appeal but overruled by the Cour de cassation on 12 July 2012.},
keywords = {Technologie en recht},
}