Website publisher liability

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CONDEMNATION OF THE PUBLISHER OF AN ONLINE COMMUNICATION SERVICE FOR NON-COMPLIANCE WITH ITS OBLIGATION TO IDENTIFY TGI de Paris, 17 ch. Corr. 14 March 2017, LICRA, UEJF, AIPJ, SOS Racisme and MRAP v. Mr X By a judgment dated 14 March 2017, the Tribunal de grande instance de Paris ordered the publisher of a website ... Read more

Right to dereferencing: what are the requirements for the operation of a search engine?

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In a decision of 24 February 2017 (CE, 10ème ch., 24 February 2017, n°391000, 393769, 399999 et, 401258), the Conseil d'Etat referred eight questions to the Court of Justice of the European Union for a preliminary ruling on the relationship between the judgment of 13 May 2014 on the right to dereferencing (CJEU, 13 May 2014, "Google" Judgment, C-131/12) ... Read more

Audit of software publishers

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The Oracle saga: Auditing software publishers, bad faith and disloyalty Two years after the Paris Tribunal de Grande Instance ruling, the Paris Court of Appeal has found Oracle guilty of bad faith and disloyalty. As a reminder, at first instance, Oracle had argued that Purchasing software was not part of its ... Read more

Law for a Digital Republic

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The Senate adopts the Bill for a Digital Republic On 28 September, the Senate adopted the Bill for a Digital Republic. The government's aim in adopting this law was to achieve two major objectives: "to give France a head start in the digital field, whether in terms of ... Read more

IT contracts - Preinstalled software

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The sale of computers with pre-installed software is not an unfair commercial practice The Court of Justice of the European Union has ruled on the issue of the sale of computers with pre-installed software, thereby validating the interpretation of French case law from 2014 which called to order judges inclined to equate the sale of computers with pre-installed ... Read more