French Court Says Merely Having The Word 'Torrent' In Your Domain Means You Are Encouraging Infringement

from the legal-uses,-anyone? dept

We've noticed before how many copyright maximalists make claims that suggest they believe that all BitTorrent is used for is infringement, even though it is used as an efficient distribution mechanism for all sorts of legitimate offerings. However, a court in France has apparently decided to punish the admin of a forum/search engine for torrent files, in part, by claiming that having the word "torrent" in your URL means that you're encouraging infringement:
The papers include a statement from the Court which declares that “..the names of these sites [when they include the word 'torrent'] encourage illegal activity. Torrent sites are accessed by users of the BitTorrent protocol which has a main, if not unique purpose, of enabling downloading of copyright protected works.”

In a nutshell, having the word “torrent” in a domain name can be reason enough to presume bad intentions.
That's pretty ridiculous, as there are sites that use the word "torrent" that have nothing to do with infringement. Seems like yet another case of people who don't understand technology making decisions that seriously impact everyone.

Filed Under: copyright, france, infringement, language, torrent

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  1. identicon
    Anonymous Coward, 5 Jun 2011 @ 7:02am

    Re: Re: Re: Brilliantly Inciteful

    Talk about a logical jump. Nobody is suggesting to cut off due process. All the judge is saying is that if it walks like a duck and quacks like a duck, there is enough to move forward legally on the basis that it is an alleged duck.

    Moving to be part of a majority illegal community of file sharers, or advertising that you are shows intent, and that is good place to start. It isn't an absolute summary judgement of the sites, but it is enough for authorities to act on.

    Please show anywhere that due process was being removed.

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