After TF1, Canal + in particular, that the Radio Télévision Suisse, which blames the software author Captvty. She just send him a letter asking him to withdraw its emissions of its range of available programs from this link aggregator judges capabilities a bit too large.
Captvty is a software solution which “ asks websites chains and offers a list of videos that are freely available on these sites, just as would Internet Explorer, Firefox, Chrome, Safari, Opera or any other browser “explains Captvty. fr. The user can then view the program or download the corresponding video. To do this, “ connects through the program at the site of the selected channel and download the corresponding file on his computer, by simply following the link to access the video proposed by that site. “
Multiple violations
Only for the Radio Télévision Suisse (RTS), this solution would be indelicate with the Swiss rules, especially for movies, series and sports events, “ contracts that allow the RTS to make available such content on the Internet specifically prohibit downloading and restrict access to residents in Switzerland .” Furthermore, she noted in this letter to the software author January 11, 2016, “ those contracts do not allow access to programs for only a limited period and exclude any provision of these Latest on other platforms that own the RTS website. “
There would also be a violation of its exclusive rights and terms and conditions, especially those that prohibit” any reproduction (including by downloading, printing, etc.) , adaptation, modification, translation, transformation, distribution, integration into another website. “
Finally, Captvty does not respect Swiss law, firstly because it circumvents technological protection measures put in place to prevent downloading, secondly because the federal law on the right The author determines the right to retransmit “ simultaneously and unaltered television programs ‘to a pay operating license issued by Suissimage.
A simple links to content aggregator Unprotected
According to a rapid test, some of RTS TV broadcasts are available on the French territory from a simple browser and the official website of the chain. And these are also the same emissions on Captvty, unlike newspapers that are géoterritorialisés information … In its response to the RTS, especially the software author indicates that its solution ‘ is an aggregator of links towards unprotected lawful content, not a provision of programs platform. It is also similar to a VCR and allows the user to exercise his right to private copies of works legally published. “
It therefore challenges circumvent safeguards explaining that content available for streaming is still likely to be downloaded:” We will not dwell on Terms of RTS website are online is not enough for users to create contractual obligations. And finally know that we are in any way concerned with the contracts you sign with your partners and which are solely between you . ” In his letter, he even considers that “ false allegations ” addressed to OVH, captvty.fr hoster, akin to “ slander ” repressed by Swiss Criminal Code.
With respect to all channels of the EU, the FAQ Svensson also recalls the judgment of the Court of Justice of the European Union on freedom of integration videos. According to this decision in February 2014 confirmed in 2015, providing a link does not constitute an act of communication to the public when it is the same audience. It therefore can not be infringement on this ground, at least for the countries falling into the net of this jurisprudence. Let us add that in France, service publishers and distributors of TV “ can not use technical measures that would have the effect of depriving the public of the benefit of the private copying exception, including a support and a digital format. “
Marc Rees
Journalist, editor
Right LCEN, private copying, terrorism, personal data, surveillance, privacy, and all these things …
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