Paris Court of Appeal adopts monitoring obligation for Google
Recently, in four comparable lawsuits, the Paris Court of Appeal held Google liable for not preventing earlier, upon request removed, copyright infringing content to be reposted to Google Video, as well as embedding the reposted videos in Google's search results. The Paris Court thereby seems to be the first higher legal body to adopt a monitoring obligation for hosting providers.
The judgments are remarkable, because the eCommerce Directive does not impose such a monitoring requirement. At the same time it seems that the definition of hosting providers and the associated liability regime in the eCommerce Directive is no longer sufficient for services such as YouTube, DailyMotion, Google and Facebook.
Read more of Catherine Jasserands commentary on Kluwer Copyright Blog
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