In this decision the Court of Cassation confirmed that Dailymotion was an online intermediary provider, who did not intervene in the content and choice of videos posted by users on its platform. In addition, the commercial exploitation of the website through the sale of advertising spaces did not induce that Dailymotion could intervene on the materials posted online. Finally, in the absence of a sufficient notification of the litigious material to be removed, Dailymotion was not able to properly identify the video and could not be held liable for not having removed or blocked access to the litigious material.

A summary of this case will be posted on www.KluwerIPCases.com


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