Comment Whoring: translations (Score 1) 463
English press release from French Association of Audionautes (L'Association Des Audionautes)
"The Court based its decision on the article L-122-5 of the French Intellectual Property Code stating that 'authors can't forbid copies or reproductions that are only intented for the private use of the copyist.'"
English translation of that law
IANAFL (I am not a French lawyer), but this seems to run counter to previous rulings there. In the U.S., the Supreme Court would likely intercede in a situation like this, but the French Cour de Cassation -- the only higher court than the Cours d'Appel -- can, as Jean-Baptiste explained on FreeCulture.org's Discuss list, "only decide on procedural problems or legal interpretation, not on legal qualification. As we say, 'Cassation is judge of law and not judge of facts' and this case is a matter of facts and not a matter of law..."
"The Court based its decision on the article L-122-5 of the French Intellectual Property Code stating that 'authors can't forbid copies or reproductions that are only intented for the private use of the copyist.'"
English translation of that law
IANAFL (I am not a French lawyer), but this seems to run counter to previous rulings there. In the U.S., the Supreme Court would likely intercede in a situation like this, but the French Cour de Cassation -- the only higher court than the Cours d'Appel -- can, as Jean-Baptiste explained on FreeCulture.org's Discuss list, "only decide on procedural problems or legal interpretation, not on legal qualification. As we say, 'Cassation is judge of law and not judge of facts' and this case is a matter of facts and not a matter of law..."
