法国法院命令流行的VPN屏蔽更多盗版网站,尽管遭到反对。
French Court Orders Popular VPNs to Block More Pirate Sites, Despite Opposition

原始链接: https://torrentfreak.com/french-court-orders-popular-vpns-to-block-more-pirate-sites-despite-opposition/

法国法院正在积极扩大打击体育盗版 piracy 的力度,不仅在 ISP 层面屏蔽盗版网站,还直接针对中间服务。自 2024 年以来,巴黎司法法院已命令 Cloudflare 和 Google 等 DNS 解析器屏蔽非法流媒体网站的访问,最初是应 Formula 1 和 Ligue 1 等体育版权所有者的要求。 最近,法院开始向 VPN 提供商——CyberGhost、ExpressVPN、NordVPN、ProtonVPN 和 Surfshark——发出屏蔽令,理由是它们使用户能够绕过现有的屏蔽。这些命令由 Canal Plus 和 beIN Sports 推动,要求 VPN 屏蔽访问托管盗版流媒体的特定域名,并采用“动态”系统以添加新的网站。 VPN 提供商辩称,他们有“无日志”政策,并且没有法律义务充当中间人。然而,法院驳回了这些辩护,认为合同义务不能凌驾于版权侵权主张之上,并且 VPN *确实*充当传输代理。 NordVPN 正在对该决定提出上诉,认为屏蔽是无效的,并且可能会促使用户转向安全性较低的 VPN。虽然裁决目前仍然有效,但其长期影响还有待观察,如果屏蔽措施得到维持,提供商可能会考虑退出法国市场。

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原文

goalSince 2024, the Paris Judicial Court has expanded the typical piracy site blocking orders beyond Internet providers.

Initially, rightsholders set their aim at DNS resolvers. This resulted in orders targeted at Cloudflare, Google, and others, requiring them to actively block access to pirate sites through their public DNS resolvers.

These blocking expansions were requested by sports rights holders, covering Formula 1, football Ligue 1, MotoGP, and other major sporting brands. They claimed that public DNS resolvers could help users to bypass existing ISP blockades, and the court agreed.

Last year, rightsholders cast their net even wider by targeting VPN providers with similar blocking demands. Again, the Paris Court acknowledged the threat of circumvention, ordering CyberGhost, ExpressVPN, NordVPN, ProtonVPN, and Surfshark to start blocking access to specific websites in France.

VPN Blocking Expands

The VPN blocking effort was not a one-off. After the first order was granted in May, more followed in June and July. These additional orders target various sports piracy sites as requested by the French entertainment powerhouse Canal Plus (SECP) and beIN Sports.

After this initial barrage, the blocking activity seemed to have quieted down, but it is far from over. On December 18, the Paris Judicial Court issued a new blocking order. This time around, the French top football league (LFP) and its commercial arm are the requesting parties.

As in previous orders, ProtonVPN, Nordvpn, Cyberghost, Surfshark and ExpressVPN are the main targets. These VPN providers have to block access to several domains that provide access to pirated sports streams.

The order covers 13 initial domains, including miztv.top, strikeout.im, and prosmarterstv.com. However, it is a ‘dynamic’ order in the sense that, through the overseeing body ARCOM, LFP can add new domains in case additional mirrors and proxies are launched. These blocks remain active for the entire 2025/2026 football season.

The court concludes that these VPNs help people to bypass existing site-blocking measures, rendering ISP blocking ineffective. While the VPN blockades are no silver bullet, combined with other blocking measures they should make it more difficult to access these pirate sites.

The No-Log Defense

All VPN providers, except ProtonVPN, appeared in court to argue a defense. They raised various arguments, with the “no-log” defense from Surfshark and NordVPN standing out.

Specifically, the VPNs argued that their “no-log” policy means they do not track user IP addresses or geolocate their users. Therefore, a court order to block access only for French users would violate their contractual obligations.

The court was not very receptive to this argument. Instead, it bluntly concluded that “the contractual stipulations binding VPN service providers to their clients cannot be invoked against [the plaintiffs] who have demonstrated an infringement of their rights.”

The court stressed that blocking the domains does not require the service to permanently store information on its users. The VPNs simply have to make sure that the sites are blocked from France.

In addition, the court rejected the notion that the blocking measures would constitute a “general monitoring obligation”, which is not allowed under the EU’s DSA, because the measures are limited to specific domains and end after the 2025-2026 football season.

Court Rejects Other Defenses

The VPNs also argued that their services don’t qualify as “technical intermediaries” under Article L. 333-10 of the Sports Code, but that was denied by the Paris court as well. The same applies to the proportionality and effectiveness arguments, which all failed.

The court’s logic throughout the order is that technical neutrality does not equal legal immunity.

By citing the DSA and the Sports Code, the judge effectively argues that VPN services can be key intermediaries in the piracy ecosystem. Therefore, they are legally obligated to act.

“Contrary to the assertions of Surfshark and NordVPN, the mere act of serving as a bridge to enable access to the pirate sites fulfills the function of transmission. Even if an intermediary acts in a passive, automatic, and neutral manner during the connection between internet domains, it nonetheless remains an essential agent in the transmission of data from one domain to another,” the (translated) order reads.

What Happens Next?

The latest ruling confirms that VPN providers can be obligated to block pirate sites, at least in France. However, the final word hasn’t been said.

Speaking with TorrentFreak this week, a NordVPN spokesperson confirms that their appeal is already underway. The company did not directly explain how it complies with the court order but instead said that site-blocking measures are futile.

“While it may address superficial cases, it fails to tackle the root causes of piracy. Pirates can easily circumvent these blocks by using subdomains: blocking does not eliminate the content itself or reduce the incentives for piracy,” NordVPN notes.

“Effective piracy control should focus on eliminating the source of the content, targeting hosting providers, cutting off financing for illegal operations, and increasing the availability of legitimate content.”

In addition, NordVPN notes that, since the French order targets reputable VPNs, users may choose lower-quality free VPNs that will remain a loophole for pirates.

For now, however, the targeted VPN providers have to find a way to implement the blocking order. The court order doesn’t specify any technical measures, so they are free to do as they please, as long as the targeted sites are unavailable.

If the French VPN blockades are ultimately upheld, some providers may choose to leave the country entirely, but none have made this drastic step yet.

A copy of the order issued by the Tribunal Judiciaire de Paris in favor of LFP is available here (pdf). A list of all the targeted domain names is available below.

1. miztv.top
2. strikeout.im
3. qatarstreams.me
4. iptvfrancai.com
5. vip.kata17.xyz
6. iptv-france4k.fr
7. front-main.4k-drm.com
8. prosmarterstv.com
9. line.line-dino.com
10. iptvninja.fr
11. cdnhome.pro
12. elitetv.fr
13. smatest.xyz

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