Source: - November 25, 2024 by Ernesto Van der Sar
https://torrentfreak.com/court-expands- ... cy-241125/
Tech Companies Defense
Both tech companies presented a defense in court. Among other things, Cloudflare and Google argued that the blocking measures are disproportionate, costly, and ineffective.
There are simpler ways to block access, they noted, pointing out that the measures would not be effective because users could use VPNs or other DNS resolvers to bypass the blocks.
................... Cloudflare and Cisco further argued that the legal justification for these blockades, Article L. 333-10 of the French Sports Code, does not apply to DNS resolvers. They claimed that they do not provide a “transmission function” and therefore are not “intermediaries” under EU law.
Again, the Paris court disagreed. It asserted that DNS resolvers do play a role in transmitting content and can be considered intermediaries under EU law.
Google also mentioned that some pirate streaming domains are customers of Cloudflare’s CDN service, implying that its fellow defendant could take more proactive measures. However, the court ruled that this wouldn’t relieve DNS providers of their responsibilities.
While Cloudflare and Google must comply with the court orders, they will likely try to overturn the decisions on appeal. According to the tech companies, these orders fragment the global Internet, jeopardizing the trust and integrity of DNS as a core global infrastructure
Copies of the three additional DNS blocking order issues by the Paris judicial court are available here:
https://torrentfreak.com/images/2024102 ... XEC__1.pdf
https://torrentfreak.com/images/2024102 ... 7_EXEC.pdf
https://torrentfreak.com/images/2024091 ... _EXEC_.pdf