After obtaining the blocking of IPTV and illegal streaming sites from internet service providers, and then demanding the same from DNS resolvers, Canal+ and the Professional Football League (LFP) have taken aim at VPN services. And here too, the courts have sided with them.
VPNs will have to filter illegal streaming sites
NordVPN, Proton, Cyberghost, Surfshark, and ExpressVPN have been in the dock since the end of last year. Canal+ and the LFP want these services to prevent users based in France from accessing 200 websites illegally broadcasting sports content protected by exclusive rights purchased at exorbitant prices.
A hearing took place at the Paris Judicial Court on April 29, and the decision, reported by L’Informé, is now known. The plaintiffs won their case across the board.
The court recognizes that VPN services are technical intermediaries that can help stop violations of the law, within the meaning of Article L. 333-10 of the French Sports Code. In fact, they must block access to the sites in question (including Rojadirecta, StreamEast, CricHD and LiveTV) for the Premier League, Champions League, Top 14, Ligue 1, Ligue 2 and Trophée des Champions competitions.
VPNs must implement "all measures to prevent access from French territory […] to the identified online public communication services", at the latest within 3 days of notification of the judgment.
VPNs must also block pirate sites that will be reported by Arcom in the future. As a small additional humiliation, they will have to display the judgment on their homepage... The accused companies had tried in vain to raise an inadmissibility argument based on the non-compliance of French law with European law.
For the first time, VPN providers are expressly ordered to filter access to pirate sites, without being considered infringers themselves. This is a significant extension of the case law in the fight against the piracy of sports content.
We will now have to wait for the reaction of VPNs like NordVPN, CyberGhost, and ProtonVPN. Some may be tempted to leave French territory, as was the case with OpenDNS (Cisco). The court's decision can, however, be appealed, but this does not suspend the execution of the blockage.
Source: L'Informé
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