French Law no. 2021-1382, 25 October 2021, relating to the regulation and protection of access to cultural works in the digital age[1]
The French National Assembly adopted the bill to regulate and protect access to cultural and artistic works in the digital age on 29 September 2021. On 21 October 2021, the Constitutional Council ruled that some provisions of this Law were contrary to the French Constitution, although none concerned anti-piracy mechanisms (Cons. const., Decision no. 2021-826 DC, 21 October 2021). Therefore, as of 1 January 2022, organizers and broadcasters will have at their disposal very useful tools to fight against the illegal broadcasting of sports events.
The singularity of piracy is due to several aspects.
First, technically, piracy is not just a matter of websites that broadcast sports competitions without authorization. Many showcase sites contain many hyperlinks, which point to hosting platforms, which allow both the creation of streaming channels and the storage of pirated content on servers. These servers are rented or sublet from technical hosts or countless intermediaries, generally located in legal havens.
Temporally, judges cannot respond in real-time to requests from right holders who have noticed a match’s live broadcasting. The temporality of the French judicial system and the temporality of live...
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