French courts crack down on online music piracy - a landmark blocking order.

In a context of rising online music piracy, the recent decision of the Paris Judicial Court of September 26, 2024, serves as a timely reminder of French courts' determination to effectively protect rights holders on the internet.

By ordering the swift blocking of several illegal download sites, this decision is consistent with reassuring case law for professionals in the music industry, who face a growing number of infringements of their rights online. It demonstrates once again that the French legal arsenal, when properly mobilised, can deliver concrete and effective measures to combat online counterfeiting.

Swift and effective legal action.

In this case [1], the Société Civile des Producteurs Phonographiques (SCPP) had identified several websites, notably "_9xbuddy_", "_convert2mp3_", "_www-mp3juices_" and "_mp3-juices_", which allowed the unauthorised downloading of protected phonograms.

Faced with this situation, the SCPP opted for the **accelerated procedure on the merits**, a procedural choice that proved particularly apt for obtaining swift concrete measures.

The legal basis for this action rests on Article L336-2 of the French Intellectual Property Code, which transposes Article 8(3) of European Directive 2001/29/EC into French law. This provision enables rights holders to seek **blocking measures from technical intermediaries**, particularly internet service providers. This legal basis constitutes a valuable tool in the legal arsenal for protecting rights on the internet.

A decision with significant contributions.

The court particularly noted in its analysis two elements revealing the manifestly unlawful nature of the sites in question. On one hand, the absence of mandatory legal notices required by the French Digital Economy Act (LCEN), and on the other, the deliberate and systematic anonymisation of the sites through various service providers. These findings enabled the court to establish that the platform operators were aware of the unlawful nature of the content.

The decision stands out for the breadth of the measures ordered.

The court prescribed a **particularly extensive geographical blocking**, covering not only mainland France but also all overseas territories, including overseas departments and regions, overseas collectivities, and the French Southern and Antarctic Lands. This exhaustive territorial approach ensures effective protection across the entire national territory.

The practical implementation arrangements were precisely framed by the court. Internet service providers have fifteen days to implement the blocking, which must be maintained for eighteen months. The court also provided for the possibility of updating the measures in case of developments in the dispute, thus anticipating potential circumvention attempts. A crucial point for the effectiveness of the system: **the blocking costs are borne by the internet service providers**.

Dynamic protection adapted to digital challenges.

The decision demonstrates the importance of rigorous documentation of rights infringements. In this case, the SCPP had detailed bailiff's reports drawn up, unambiguously establishing the reality of the illegal downloads. This meticulous preparation of the case, combined with the pertinent choice of the accelerated procedure on the merits and the summoning of all major internet service providers, contributed to the success of the action.

The court struck a delicate balance between the necessary protection of intellectual property rights and respect for fundamental freedoms, notably the freedom of enterprise of internet service providers and the freedom of communication of internet users.

This balanced approach reinforces the legitimacy and scope of the decision.

This case law is part of a broader movement to strengthen the protection of rights on the internet. The remarkable speed of the procedure - less than three months between the summons and the decision - and the immediately enforceable nature of the measures ordered constitute major assets for rights holders facing online infringements.

It is all the more important to welcome such a decision, as according to a new report by research firm Muso [2], there were more than 17 billion visits to music piracy sites worldwide in 2023, representing **a 13% increase compared to the previous year.**

This decision demonstrates that the French legal system, when properly mobilised, has effective tools adapted to the challenges of protecting rights in the digital environment.

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[1] TJ Paris, 3rd ch. 1st sect., 26 Sept. 2024, No. 24/08301.

[2] Muso study, Piracy data and audience demand in the Film and TV industries, February 2024.