In a few weeks, the court will make its decision after a hearing in the next few days, but for the seconded national expert, the procedure is unprecedented. “We had never carried out an accelerated procedure for blocking sites: this is an experiment that we hope will succeed, but which will provide experience for other actions in the future.“, States the Legal Director. In itself, the legal procedure is not new, but it is in fact the first for the seconded national expert.
Suffocate and make disappear
In fact, the seconded national expert, assisted by twelve publishers, relies on Article L. 336-2 of the Intellectual Property Law with a dual perspective: to obtain blocking of the site by the French access providers and that the site is referenced by search engines.
READ: French publishers crack down on Z-Library hackers
Z-Library came up regularly in reports, both from publishers and authors: it will be the first to review the procedure, which was started not without difficulty. “We have identified more than 200 domain names that point to the site: a real galaxy! It took several weeks to map out how it works: First, the case turned out to be quite interesting.»
In addition, the platform offers Internet users a paid model for accessing infringing works. What brings a further argument to the trial: “In itself, this approach to profitability through counterfeiting is already problematic. It induces a rollout of funds aimed at increasing income, making the site even more damaging.»
Getting the judge to rule on a blackout will thus make it possible to hit the wallet directly. Probably not enough for the site to disappear completely from the web in other territories, the expatriate admits. However “limiting its visibility on the French web will undermine the resources of their market logicHopes Julien Chouraqui.
The task, which took place on 27 June, was accompanied by a special effort: technical instructions, pedagogy, detailed approach … everything is done to facilitate the judge’s decision. “In the future, we want to have tools to go faster in the process and target multiple sites simultaneously. »
Find the right answers
The recent adoption by the European Parliament of the DSA law leaves a bitter taste in this regard: “The legislator did not take into account what matters most in the recast of the 2000 e-commerce directive: the abolition. A binding solution for webmasters that obliges them to block reported illegal content while preventing pirated sites from reappearing. All without having to go to court.
“In itself, Arcom makes it possible to extend the funds available to rightholders, but without the possibility of making a decision at the legal level.“Emphasizes the Legal Director, however. “This extends retractions to mirror sides. However, this should not become a further administrative step without the ISPs feeling limited. However, extended deadlines are always problematic in this fight against piracy, which sometimes seems like a race against time.. »
And this while new entrants are emerging, such as the very recent Pirate Library Mirror. And this time with an even more radical approach, as the site claims to violate “deliberate copyrightAnd is currently attacking primarily digital books.
“A threshold is actually exceeded in several respects: First, it is pirates who attack pirates for puncturing their content. In short, between boarding and scuttling. Then this assertion arises, under the guise of good intentions [NdR : la démarche de PLM est de conserver l’ensemble des connaissances humaines]as a form of impunitynotes Julien Chouraqui.
“With Team AlexandriZ, we were dealing with pirates who produced files, by digitizing books, and who wanted to appeal to the general public. The Pirate Library Mirror has nothing comparable and makes use of funds that were thought to be used more for other forms of crime. In addition, the technical tools to be mastered to access the works require computer skills a little beyond usual practice. For the syndicate, this implies new considerations for finding the appropriate answers.»
image credits: Sergey Semin / Unsplash