{"title":"社交网络,消费者和知识产权。《巴黎高等法院第14/07300号判决书判例注释》,2018年8月7日","authors":"Laura Caballero Trenado","doi":"10.22187/RFD2019N46A13","DOIUrl":null,"url":null,"abstract":"Do users of social networks have a consumer entity? If the answer to this question is affirmative, a catalog of rights is immediately activated, such as, for example, the legitimacy to initiate a judicial proceeding. European legislation on consumer rights is harmonized and has a very protective nature. Until now, in the interaction with social networks, the user was compelled to contract a \"blank check\" that involved the transfer of a large part of their rights, such as, for example, the copyright that might correspond to the transferee. The owner of the social network. But, the recent decision of the Court of Large Instance of Paris has reversed the legal position of a group of French consumers, who filed a class action against the social network Twitter, to give them the reason, after describing as \"abusive\" most clauses and condemn the social network to pay the French Consumer Association 30,000 euros. This paper analyzes this important judicial resolution, in order to draw the most relevant implications that impact on the right of consumers and users of the civil normative sector, in general, and in intellectual property-une creation du droit- (Berge, 2015), in particular.","PeriodicalId":53805,"journal":{"name":"Revista de la Facultad de Derecho","volume":"1 1","pages":"455-478"},"PeriodicalIF":0.4000,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Social Networks, Consumers and Intellectual Property. Case-Law Commentary on Judgment 14/07300, of the Court of Great Instance of Paris, of August 7, 2018\",\"authors\":\"Laura Caballero Trenado\",\"doi\":\"10.22187/RFD2019N46A13\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Do users of social networks have a consumer entity? If the answer to this question is affirmative, a catalog of rights is immediately activated, such as, for example, the legitimacy to initiate a judicial proceeding. European legislation on consumer rights is harmonized and has a very protective nature. Until now, in the interaction with social networks, the user was compelled to contract a \\\"blank check\\\" that involved the transfer of a large part of their rights, such as, for example, the copyright that might correspond to the transferee. The owner of the social network. But, the recent decision of the Court of Large Instance of Paris has reversed the legal position of a group of French consumers, who filed a class action against the social network Twitter, to give them the reason, after describing as \\\"abusive\\\" most clauses and condemn the social network to pay the French Consumer Association 30,000 euros. This paper analyzes this important judicial resolution, in order to draw the most relevant implications that impact on the right of consumers and users of the civil normative sector, in general, and in intellectual property-une creation du droit- (Berge, 2015), in particular.\",\"PeriodicalId\":53805,\"journal\":{\"name\":\"Revista de la Facultad de Derecho\",\"volume\":\"1 1\",\"pages\":\"455-478\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2019-06-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Revista de la Facultad de Derecho\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.22187/RFD2019N46A13\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista de la Facultad de Derecho","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.22187/RFD2019N46A13","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Social Networks, Consumers and Intellectual Property. Case-Law Commentary on Judgment 14/07300, of the Court of Great Instance of Paris, of August 7, 2018
Do users of social networks have a consumer entity? If the answer to this question is affirmative, a catalog of rights is immediately activated, such as, for example, the legitimacy to initiate a judicial proceeding. European legislation on consumer rights is harmonized and has a very protective nature. Until now, in the interaction with social networks, the user was compelled to contract a "blank check" that involved the transfer of a large part of their rights, such as, for example, the copyright that might correspond to the transferee. The owner of the social network. But, the recent decision of the Court of Large Instance of Paris has reversed the legal position of a group of French consumers, who filed a class action against the social network Twitter, to give them the reason, after describing as "abusive" most clauses and condemn the social network to pay the French Consumer Association 30,000 euros. This paper analyzes this important judicial resolution, in order to draw the most relevant implications that impact on the right of consumers and users of the civil normative sector, in general, and in intellectual property-une creation du droit- (Berge, 2015), in particular.