cearta.ie

the Irish for rights

Who Said France Does Not Have Fair Use? | SAIF v Google

An important decision of the Paris Court of Appeal was rendered yesterday in a litigation between and a French Collective Society for Visual Works (SAIF). The Collective Society claimed that was infringing on the copyright of its authors members by reproducing and displaying their works in the form of thumbnails on the pages of Image service and also by reproducing their works through caching system. Before the Court of First Instance, the Judge considered the applicable law to be the U.S. Copyright Act, and consequently, the court applied the defense in line with the Arriba and Perfect 10 decisions.

The Court of Appeal disagreed and applied French law. Nevertheless, it too rejected plaintiff’s claim and decided that Google benefited from the “safe harbor” provisions of the Loi sur la Confiance dans l’Economie Numérique [the relevant French statute]. It considered Google as being a “neutral” actor and the reproduction of the photos necessary to provide the service. It also refused to consider a sort of contributory infringement liability when Google refers to works available on the Internet without the consent of the rights holder.

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Welcome

Me in a hatHi there! Thanks for dropping by. I'm Eoin O'Dell, and this is my blog: Cearta.ie - the Irish for rights.

"Cearta" really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.

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What I'd like for here is a simple widget that takes the list of feeds from my existing RSS reader and displays it here as a blogroll. Nothing fancy. I'd love a recommendation, if you have one.

I had built a blogroll here on my Google Reader RSS subscriptions. Google Reader produced a line of html for each RSS subscription category, each of which I pasted here. So I had a list of my subscriptions as my blogroll, organised by category, which updated whenever I edited Google Reader. Easy peasy. However, with the sad and unnecessary demise of that product, so also went this blogroll. Please take a moment to mourn Google Reader. If there's an RSS reader which provides a line of html for the list of subscriptions, or for each RSS subscription category as Google Reader did, I'd happily use that. So, as I've already begged, I'd love a recommendation, if you have one.

Meanwhile, please bear with me until I find a new RSS+Blogroll solution

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Eoin.

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This blog is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. I am happy for you to reuse and adapt my content, provided that you attribute it to me, and do not use it commercially. Thanks. Eoin

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The image in the banner above is a detail from a photograph of the front of Trinity College Dublin night taken by Melanie May.

Others whose technical advice and help have proven invaluable in keeping this show on the road include Dermot Frost, Karlin Lillington, Daithí Mac Síthigh, and Antoin Ó Lachtnáin.

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