Paris Court Says Search Engines Don't Need To Block Torrent Searches

from the good-ruling dept

Copyright rulings in France have occasionally been a complete disaster in the past, so it's nice to see the High Court of Paris recognize that Google and Microsoft cannot be forced to block any searches that include the word "torrent." The two separate lawsuits were brought by SNEP, which could be seen as the French version of the RIAA. The organization argued that since the law allowed "all appropriate measures" to be used to block infringement, it could demand that search engines block any searches that include the word torrent. The court wasn't buying it, noting correctly that not all torrents are infringing, and such a rule would be way too broad:
“SNEP’s requests are general, and pertain not to a specific site but to all websites accessible through the stated methods, without consideration for identifying or even determining the site’s content, on the premise that the term ‘Torrent’ is necessarily associated with infringing content,” the Court writes in its order.

More specifically, the court notes that the word “torrent” has many legitimate uses, as does the BitTorrent protocol, which is a neutral communication technology. This means that blocking everything “torrent” related is likely to censor legal content as well.

“Yet [torrent] is primarily a common noun, with a meaning in French and in English; it also refers to a neutral communication protocol developed by the company Bittorrent that enables access to lawfully downloaded files.

“The requested measures are thus tantamount to general monitoring and may block access to lawful websites,” the High Court order adds.
That was in the ruling in the case against Microsoft. In the case against Google, SNEP lost on more of a procedural technicality. Google pointed out that SNEP brought the case in the name of just three artists, rather than itself, and the court more or less agreed that SNEP couldn't bring a case on behalf of just those artists. Still, the clear ruling on the Microsoft case suggests that SNEP wouldn't have had any more luck against Google if it had filed the case in the correct procedural way.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: censorship, copyright, france, paris, search, search results, torrent
Companies: google, microsoft, snep


Reader Comments

Subscribe: RSS

View by: Thread


  1. identicon
    Anonymous Coward, 20 Jul 2016 @ 2:56pm

    Re:

    Unfortunately, that would indirectly appease the copyright maximalists... since adding the word "The" to a Google search is going to be pointless anyway.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Follow Techdirt
Insider Shop - Show Your Support!

Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Recent Stories
.

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.