French lawsuit targets Universal
p2pnet.net News:- A group of people who’ve launched a class action suit in France against the major video production companies have also started a web page asking others to join them in their fight.
The group’s case against Warner Bros France, Gaumont Columbia Tristar Home Video, Fox Pathe Europa, TFI Video, Buena Vista Home Entertainment and Universal Pictures France, who together account for 85% of the French DVD market, rests on four points stemming from the principal argument which says:
When you buy a DVD in France, the law assumes you may want to make a copy for your own use and, consequently, the price you’ve paid includes a tariff which is collected in the name of authors and performers rights.
The four points of the suit are:
1) The copy protection measures stop you from making copies of DVDs you have purchased [as allowed by the French laws];
2) Every time you buy a DVD you’ve been charged a fee for authors’ rights, the benefits of which you cannot enjoy;
3) Video producers mislead you into believing that you can not make a copy of your DVD; and
4) Video producers do not make it clearly evident that their product includes copy protection.
The group’s lawyer, Maître Emmanuel Jacques, has asked for a hearing on June 13.
He’s demanding 1,000 euros (about $1,227 at the time of writing) per person in view of the charges, with a further 250 € (about $307) per person payable under Article 700 of the ‘Nouveau Code de Procédure Civile’.
Go here if you want full details (in French), or if you’re in France and you’d like to get in on the action, .
Among those lodging the suit is the unidentified mother (top right) who says:
"I have a none-year-old son who’s crazy about comics. We have a DVDplayer as well as an old video player, which we’ve put in his room. Unfortunately, the comics which we have bought in DVD format can’t be copied onto video cassettes and therefore my son “monopolizes” the DVD player and the TV in our living room."
[J'ai un fils de 9 ans qui est fou de dessins animés. Nous possédons un lecteur de DVD et aussi un vieux magnétoscope que nous avons installé dans sa chambre. Malheureusement, tous les dessins animés achetés en DVD sont impossibles à enregistrer sur des cassettes. Mon fils "monopolise" donc le lecteur de DVD et la télévision du salon pour voir ses films préférés. Thanks for the translations, Liz)
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June 2nd, 2005 at 6:54 pm
This is infringement upon our “fair-use” rights.
June 2nd, 2005 at 6:57 pm
It’s goog to see customers go on the offensive.
June 2nd, 2005 at 7:57 pm
About time the big corporations gets sued….
June 2nd, 2005 at 11:31 pm
As duckman might say:
“you get yo’ down down you thrust yo’ pelvis HUH! you thrust yo’ pelvis HUH! you thrust yo’ pelvis HUH! you….”
June 3rd, 2005 at 9:02 am
I’m a french, and i’ve got bad news for you : class actions is not an action recognized by french law, so basically the thing those french lawyers are doing is neither legal or illegal, it is so to say a-legal. Something new, thus it’s better to be careful and not have too big hopes.
Besides, in France, lawyers had no right to enrich themselves with penalties issued by a court (is a judge says “100 000 euros’ fine”, the lawyer won’t get a single percent of it), which is why there won’t be lawyers knocking on your door to suggest you to sue someone.
Super difference, as compared to the USA, isn’t it ?
But considering that, that “french class action” is a problem once again, since you have to pay 12 euros to join in while you have no idea of the success chances, and is likely to be sued itself (the lawyers behind it) by consumer protection associations.
June 6th, 2005 at 3:40 am
Too bad it won’t happen in the P.S.A. — as long as Bushy or the republicrats are in office.