Sony cites as the reason for taking the films offline that the license agreement with StudioCanal is ending.
The short version of this is that of Sony should start giving people money back; of interesting (class-action) lawsuits will take place; as well as possible prosecution by authorities for breaking the law.
Since January 2022, there must be legislation in all EU Member States that: directive 2019/770 of the EU, on contracts for the supply of digital content and services.
Among other things, this directive has the following to say:
Article 10 – Rights of third parties
Where a restriction resulting from a violation of the rights of third parties, in particular intellectual property rights, prevents or restricts the use of the digital content or digital service in accordance with Articles 7 and 8, Member States shall ensure that the consumer is entitled to the remedies for lack of conformity referred to in Article 14, unless national law provides for the nullity or termination of the contract for the supply of the digital content or digital service in such cases.
So unless there is already other national law that explicitly provides for the nullity or dissolution of a contract in these cases, the remedies for lack of conformity apply. These remedies mean that the merchant must restore compliance – ie make the content available again. If they fail to do so or refuse to do so, you can dissolve the agreement, whereby you are entitled to a refund.
Please also note that the provisions of this directive apply to all digital content that delivered will become after January 1, 2022:
Article 24 – Conversion
2. The provisions of this Directive shall apply to the supply of digital content or digital services from 1 January 2022, with the exception of Articles 19 and 20 of this Directive which only apply to contracts concluded after that date .
Why is this important? Because content that has been added to a digital library that can be accessed at any time by logging in with an online account, there is so-called. continue levering – which therefore means: delivery that lasts for the duration of the agreement. An agreement that is for an indefinite period, limited to the moment when the online account would be closed. This means that also existing agreements including those far; have been closed long before the coming into existence of this Directive, but are still ongoing, also simply fall under this directive (!!) — including the relevant section on rights of third parties (art. 10) and the provisions for conformity and lack of conformity (art. 7, 8, and 14).
[Reactie gewijzigd door R4gnax op 5 juli 2022 21:24]