Nearly two years after the abrupt end of the site Kim Dotcom , Megaupload, twenty streaming sites will be closed in France . Unions of producers and distributors of films obtained , Thursday, Nov. 28 , the justice ordered the internet service providers and search engines to block these sites.
The Tribunal de Grande Instance of Paris held that the film industry showed enough that Allostreaming network is " dedicated or virtually dedicated to the representation of audiovisual works without the consent of authors " and violates their rights. " Le Nouvel Observateur" reports on the victory of right holders .
Who complained ?
The Association of Film Producers (APF) , the National Federation of Film Distributors ( FNDF ) and the Union of Publishers of Digital Video ( SEVN ) launched in late 2011 this vast judicial offensive against piracy on the Internet. They were later joined by the Union of Film Producers (UPF) and the Union of Independent Producers ( SPI) .
The court refused to order measures of financial strain , insofar as it can be consulted again " in case of difficulty or failure by a party to the proceeding ." Closed streaming sites do not have to pay fines.
What are the streaming sites affected?
According to the specialized site PCInpact , here is the list of the sites :
fifostream.tv
dpstream.tv
allostreaming.com
alloshotv.com
allomovies.com
alloshare.com
allomegavideo.com
alloseven.com
allourls.com
fifostream.com and children. org and net and . tv
fifostreaming.com and nephews . org and net and . tv
The measures provided by the judgment must be applied "without delay and at the latest within 15 days after service of this decision and for a period of 12 months from the implementation of measures."
How do you block a streaming site ?
Rightholders wanted " to weigh these measures on the shoulders of Internet service providers and engines ." They were eventually rejected , reveals specialized site PCInpact , who published in 2011 the court subpoena .
Judgment is to access Orange , Bouygues Telecom, Numericable , Free, SFR and Darty Telecom to " implement and / or suppliers to implement (...) all appropriate measures to prevent , from the French territory ( ... ) access by any effective means, including by blocking " of a range of sites as Allostreaming , Alloshowtv , Fifostream and Dpstream and their variations .
Search engines of Google, Microsoft , Yahoo! and Orange , the court ordered " take or cause to take all necessary measures to prevent their services on the occurrence of any reply and any results referring to one of the pages " these sites.
The cost of these measures "can not be charged to the defendants [Access and search engines Suppliers , Ed] that are required to implement " , the judges ruled .
It will be their " seek , if they wish , paying their fees from applicants in the proceeding ( organizations representing rightsholders , Ed) , given the measures actually taken and expenses incurred specifically for application of their injunctions are made . "
Is it a victory against piracy?
It is " a milestone in the fight against film piracy on the Internet," praised the film industry organizations in a statement , noting that the decision " recognizes the merits of the approach forcing ISPs to internet and search engines to cooperate with law " holders.
" This is a world first as regards the delisting pirate websites by search engines and a crucial step towards the rule of law on the Internet," they added .
Contacted by AFP , Google did not want to react immediately, while Orange said he was " satisfied with this decision."
" The blocking measures have not been delegated by a judge to anyone , it is up to him to decide " and " costs ( induced by blocking) are borne by the applicants " has highlighted a spokesman for Orange AFP.
" This judgment has once again endorse the forms of private censorship that grow all over the Internet and undermine fundamental rights ," lamented his side in a statement Félix Tréguer , founding member of La Quadrature du Net , organizing advocacy Internet users.
And after ?
The situation of these streaming sites recalls the closure of Megaupload and arrest of Kim Dotcom in January 2012. More than 90% of the 15 million French Internet users who used the site then said they would continue to download despite the end of Megaupload, highlighted a survey on ZDNet.fr site in February 2012.
"Nature abhors a vacuum : for a site that farm, fifteen reopen ," commented Jérémie Zimmermann, spokesman for La Quadrature du Net . It is therefore likely that new sites , first confidential emerge.
This closure could initiate the return to old-fashioned peer-to -peer , punishable by the Hadopi law , or promote sites "direct download" ( direct download , Ed) as Rapidshare.com . After the fall of Megaupload, peer-to -peer had experienced many peaks to represent 20% of European traffic .
The other winner of the end of these sites could be streaming television. Frustrated users will turn to offers catch-up TV as VOD.
The Tribunal de Grande Instance of Paris held that the film industry showed enough that Allostreaming network is " dedicated or virtually dedicated to the representation of audiovisual works without the consent of authors " and violates their rights. " Le Nouvel Observateur" reports on the victory of right holders .
Who complained ?
The Association of Film Producers (APF) , the National Federation of Film Distributors ( FNDF ) and the Union of Publishers of Digital Video ( SEVN ) launched in late 2011 this vast judicial offensive against piracy on the Internet. They were later joined by the Union of Film Producers (UPF) and the Union of Independent Producers ( SPI) .
The court refused to order measures of financial strain , insofar as it can be consulted again " in case of difficulty or failure by a party to the proceeding ." Closed streaming sites do not have to pay fines.
What are the streaming sites affected?
According to the specialized site PCInpact , here is the list of the sites :
fifostream.tv
dpstream.tv
allostreaming.com
alloshotv.com
allomovies.com
alloshare.com
allomegavideo.com
alloseven.com
allourls.com
fifostream.com and children. org and net and . tv
fifostreaming.com and nephews . org and net and . tv
The measures provided by the judgment must be applied "without delay and at the latest within 15 days after service of this decision and for a period of 12 months from the implementation of measures."
How do you block a streaming site ?
Rightholders wanted " to weigh these measures on the shoulders of Internet service providers and engines ." They were eventually rejected , reveals specialized site PCInpact , who published in 2011 the court subpoena .
Judgment is to access Orange , Bouygues Telecom, Numericable , Free, SFR and Darty Telecom to " implement and / or suppliers to implement (...) all appropriate measures to prevent , from the French territory ( ... ) access by any effective means, including by blocking " of a range of sites as Allostreaming , Alloshowtv , Fifostream and Dpstream and their variations .
Search engines of Google, Microsoft , Yahoo! and Orange , the court ordered " take or cause to take all necessary measures to prevent their services on the occurrence of any reply and any results referring to one of the pages " these sites.
The cost of these measures "can not be charged to the defendants [Access and search engines Suppliers , Ed] that are required to implement " , the judges ruled .
It will be their " seek , if they wish , paying their fees from applicants in the proceeding ( organizations representing rightsholders , Ed) , given the measures actually taken and expenses incurred specifically for application of their injunctions are made . "
Is it a victory against piracy?
It is " a milestone in the fight against film piracy on the Internet," praised the film industry organizations in a statement , noting that the decision " recognizes the merits of the approach forcing ISPs to internet and search engines to cooperate with law " holders.
" This is a world first as regards the delisting pirate websites by search engines and a crucial step towards the rule of law on the Internet," they added .
Contacted by AFP , Google did not want to react immediately, while Orange said he was " satisfied with this decision."
" The blocking measures have not been delegated by a judge to anyone , it is up to him to decide " and " costs ( induced by blocking) are borne by the applicants " has highlighted a spokesman for Orange AFP.
" This judgment has once again endorse the forms of private censorship that grow all over the Internet and undermine fundamental rights ," lamented his side in a statement Félix Tréguer , founding member of La Quadrature du Net , organizing advocacy Internet users.
And after ?
The situation of these streaming sites recalls the closure of Megaupload and arrest of Kim Dotcom in January 2012. More than 90% of the 15 million French Internet users who used the site then said they would continue to download despite the end of Megaupload, highlighted a survey on ZDNet.fr site in February 2012.
"Nature abhors a vacuum : for a site that farm, fifteen reopen ," commented Jérémie Zimmermann, spokesman for La Quadrature du Net . It is therefore likely that new sites , first confidential emerge.
This closure could initiate the return to old-fashioned peer-to -peer , punishable by the Hadopi law , or promote sites "direct download" ( direct download , Ed) as Rapidshare.com . After the fall of Megaupload, peer-to -peer had experienced many peaks to represent 20% of European traffic .
The other winner of the end of these sites could be streaming television. Frustrated users will turn to offers catch-up TV as VOD.
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