Supreme authority for the distribution and protection of intellectual property on internet submits a request to Hadopi for dispute settlement
Cosmos is an IT systems and software consulting manager, and has signed a service contract with R-Concept to migrate the company's data repository to a new server marketed by Sage. During the performance of this contract, Cosmos was confronted with a technical password that prevented it from accessing the new server.
Under the provisions of its April 1, 2021 submission of a case before the court, Cosmos complained that Sage had implemented a technological protection measure, in this case an access code, on a database, preventing interoperability between the software products in question.
As a result of the investigation and the technical observations made by the expert in his report, as well as in support of the rapporteur's report of June 21, 2021, the technological protection measure did not relate to a database or, more generally, to an object protected by copyright or neighbor rights, as required by the provisions of articles L. 331-5, L. 331-13 and L. 331-31 of the French intellectual property code.
Consequently, in its deliberations of July 23, 2021, the Haute Autorité decided that it had no jurisdiction to hear the dispute referred to it, and consequently dismissed Cosmos' demand as inadmissible.
Download the deliberation
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