It is exactly the "sharing" that constitutes uploading. No it doesn't make explicit reference to the word "uploader" per se, but it does does indeed discuss "partager."
When the decision refers to "placé une copie dans des répertoires partagé accesible à d'autres utilisateurs" this is clearly indicating that others may download from that shared folder, thus resulting in uploading.
In a sense, there is no deliberate upload in usual p2p networks. You simply put files in a "shared directory", and other people decide to download it if they want. You don't get any money from it and as long as it is for their private use, there should be no problem considering the current french law.
Whether or not it is deliberate, the upload still does occur. In the previous cases, the act of uploading, which does inevitably occur when you put your files in a shared directory, had not been deemed to be "private use." This case is novel in that it recognizes that this, too, and not just downloading without keeping files in the shared folder could be authorized as private use.
This is inaccurate. If you read the press release, it clearly states that this is the first time that downloading and uploading have been considered private copies. This is the major significance of this case.
Plus, the portion you linked to was only an extract of the case.
This is not old news because it is the first time that *uploading* was also authorized as "private copying" and thus not considered a copyright infringement. Also, the decision was by a court in Paris, while previous ones had been elsewhere in France, and it is considered to have more weight.
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hey, that works quite well. got to http://www.achtungbaby.org/mp3/April/Radiohead-Nic e-Dream-Demo.mp3 in two clicks.
It is exactly the "sharing" that constitutes uploading. No it doesn't make explicit reference to the word "uploader" per se, but it does does indeed discuss "partager." When the decision refers to "placé une copie dans des répertoires partagé accesible à d'autres utilisateurs" this is clearly indicating that others may download from that shared folder, thus resulting in uploading.
Whether or not it is deliberate, the upload still does occur. In the previous cases, the act of uploading, which does inevitably occur when you put your files in a shared directory, had not been deemed to be "private use." This case is novel in that it recognizes that this, too, and not just downloading without keeping files in the shared folder could be authorized as private use.
This is inaccurate. If you read the press release, it clearly states that this is the first time that downloading and uploading have been considered private copies. This is the major significance of this case. Plus, the portion you linked to was only an extract of the case.
This is not old news because it is the first time that *uploading* was also authorized as "private copying" and thus not considered a copyright infringement. Also, the decision was by a court in Paris, while previous ones had been elsewhere in France, and it is considered to have more weight.