In several copyright litigations handled by the Paris office of Hogan & Hartson on behalf of MySpace, the plaintiffs made a point of not wanting to use the tools made available by MySpace to prevent copyright infringement. The plaintiffs took the position that preventing infringement on the platform is MySpace's problem, not theirs. While many majors' right holders have agreed to use technical tools to help prevent infringement online, there remain stalwarts who refuse to use the tools made available to them. This led us to research the question of whether victims of copyright infringement have an obligation under French law to take reasonable steps to protect their content online. Does French law recognize the equivalent of contributory negligence when copyright infringement victims fail to take even the most basic steps to protect themselves? Our findings, which were published in the French intellectual property journal Legipresse (issue n° 263), conclude that French case law is beginning to recognize an affirmative duty on holders of intellectual property rights to use reasonable technical tools to protect their IP rights online. We commented on a May 13, 2009 decision in the L'Oréal v. eBay case in which a French Court ordered a mediation between eBay and L'Oréal to help them jointly define procedures to reduce infringement on the eBay platform. In that decision, the court recognized that fighting online privacy requires "close collaboration" between the rightholder and the technical platform
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Do right holders have an obligation to cooperate with UGC platforms?
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