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Doctrine

Castle built on drifting sand – the “new public” theory about the applicability of the rights of communication and making available the public and the attempts at correcting it

FICSOR, Mihaly

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Résumé :

In SGAE, the CJEU erroneously found that, for the application of the right communication to the public a “new public” is need. In TvCatchup and Svensson, the CJEU tried to correct this error by introducing the “specific technical means” and “restricted access” theories, but at the price of getting into conflict with other international norms. By the GS Media - Soulier tandem of judgments, a better alternative emerged, and then in Renkhoff, the Court de facto has rejected these theories.