Cloud PVR litigation: The Wizzgo case in France

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This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.


The Service

Wizzgo

Service Description

In May 2008, Wizzgo launched a cloud DVR platform, the first of its kind in France. Users could record programmes to their own "private cloud" as long as they requested that the programme be recorded before it started. The copy included the original advertising.

The Case

A consortium of French content owners including France Television, brought proceedings against Wizzgo alleging copyright infringement. Wizzgo's defence was that its service fell within the scope of two exceptions under French copyright law:

  • Transience - it argued that it only provided users with a temporary, transient copy of the program, assisting them to save their own private copies
  • Private copying - it argued that each copy (because it was only available to the user in question) was private

The Court found in favour of the content owners, determining that the "exceptions" referred to were just that and were not "rights" capable of being transferred. By November 2008, the Tribunal de Grande Instance de Paris had declared the final summary judgments against Wizzgo and imposed fines, in response to which Wizzgo ceased operating.

Status

Judgement in favour of the content owners.

For a complete overview of PVR litigation cases around the world, please see our Content meets the cloud report.