CJCE : protection des droits de propriété intellectuelle
| Auteur | Legal News |
Une association espagnole sans but lucratif regroupant des producteurs et des éditeurs d'enregistrements musicaux et audiovisuels a saisi les tribunaux espagnols pour qu'il soit ordonné à Telefonica de révéler l'identité et l'adresse physique de certaines personnes auxquelles cette dernière fournit un service d'accès à Internet. L'association a souhaité obtenir ces informations afin de pouvoir engager des procédures civiles contre les intéressés. Conformément à la législation espagnole, Telefonica a considéré que la communication des données n'était autorisée que dans le cadre d'une enquête pénale ou en vue de la sauvegarde de la sécurité publique et de la défense nationale. La juridiction espagnole interroge donc la Cour de justice des Communautés européennes pour savoir si le droit communautaire impose aux Etats membres de prévoir, en vue d'assurer la protection effective du droit d'auteur, l'obligation de communiquer des données à caractère...
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