holding eBay liable for third parties’ sales on eBay because played an “active role” in providing assistance in the promotion and optimization of these offers. eBay was also held to have red flag knowledge of infringing activity because of (i) the multitude notices of infringement it received on sales concerning this type of products and (ii) its promotion and involvement in these sales.
holding Tiscali liable under a regime of regular liability for hosting on its portal a blog featuring unauthorized reproduction of copyrighted comics owned by Dargaud because its function was that of a co-publisher, “particularly when allowing its users to create their personal web pages through its website and encouraging third parties to place advertisement directly on user’s page in order to generate additional revenue”.
providing internet suspension sanctions for persons using the Internet to commit infringement (art 7 of this law, now codified under L335-7 French IPC) and obligations for owner of internet access to secure their internet access (art 10 of the law, now codified under L336-10 French IPC)
Google has an obligation not only to take down but also to make sure that an image identified as infringing does not reappear on its website (take down/ Stay down). Solution was revisited in above referred July 12, 2012 decisions of the Supreme Court.