When eBay this summer lost a closely watched case in a French court it was held responsible for the sale of counterfeit Louis Vuitton Met Hennessy goods on its Internet auction sitemany observers detected a nationalistic bent in the decision: an indication that France is determined to protect its important luxury goods industry and its valuable trademarks.
But fewer observers have noticed the decidedly unchauvinistic approach that the French have applied in a recent copyright case. In that case a group of French copyright owners, suing in Paris over an alleged violation of their reproduction and display rights in France, under French law, were told that the claim was governed instead by U.S. law. Moreover, after applying U.S. law, including the fair use doctrine, which does not exist under the French statute, the court concluded that the (American) defendants did not infringe the rights of the (French) plaintiffs.
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