Dissertations / Theses on the topic 'Internet – Droit'
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Reynaud, Pascal. "Droit d'auteur, droit international privé et internet." Université Robert Schuman (Strasbourg) (1971-2008), 2002. http://www.theses.fr/2002STR30003.
Full textThe thesis is concerned with the application of the rules of private international law to copyright and internet. The text is devided up into two sections: the protection can be granted under the provisions of the law of the country of origin of the work for some questions or under the law of the protecting country for others. The country of origin shall be considered to be where the work is first published. Under french law, the definition of publication includes the first communication on the internet. On the opposite, the Berne Convention excludes from the definition of publication the first communication on Internet. The first publisher on internet may be the person who creates the work or the person who makes the necessary arrangements for the making of the first publication. The country of protection is concerned with two main issues. First, the question of juridiction in case of infringement and contracts in relation of the exploitation of works on internet, specially juridictional issues in relation to European Community right. A person shall be sued in the courts of the state of his domicile or where the harmful event occurred. The main problem is to identifie the place of the event giving rise to the damage, (the place of transmission), and the place where the damage occurred in the case of multi-state communication through the internet, (the places of reception). In all the cases the impact of the decision of the court should be broad in relation to the scope of the communication on internet. Secondly, the choice of the law must be determined, in principle, by the law of the person who makes the necessary arrangements for making the transmission. In the case where the national law is not compatible with the standards of international conventions on copyright, the choice must be the law of the forum
Armengaud, Laurence. "Suicide et droit." Rouen, 2000. http://www.theses.fr/2000ROUEL362.
Full textMikaelian, Nathalie. "La mutation des droits d'auteur dans l'environnement numérique : l'émergence d'un droit d'accès." Nice, 2004. http://www.theses.fr/2004NICE0043.
Full textThe first copyright laws were passed at the same time as major revolutionary legislation. Their objective was to regulate the convergences between the parties involved in the creation and diffusion of works. Information and communication technologies, stemming from digital technology, have multiplied the possible uses of intellectual works and generated their massive diffusion worldwide. The opportunities for interference with works have, consequently, considerably increased, and this has led to a protectionist movement by copyright holders. Appearances are deceiving and despite an apparent reluctance to act and the maintaining of traditional concepts, copyright law is being transformed in the area of digital technology. Existing concepts, despite an extended field of application, do not enable new uses to be controlled, which means that recourse to digital technology appears to be the only efficient remedy for reinforcing the application of rights by their holders. The digital environment, which has prompted the emergence of new economic players, has increased the already surfacing phenomenon of dispossession of the author in favour of the investor. In addition, it marked the factual convergence of the author's proprietary rights and a new right of access around which the parties involved in the creation and diffusion of the works are gradually taking new positions. Enabling the control and remuneration of each use, this marks the crucial stage in establishing a copyright favourable to investors and appears as an instrument for regulating the art market in the digital environment, in particular in networks. Copyrights, whose original mission was to control a work's exploitation, are gradually evolving towards the control of its uses, which only increases the trading dimension
Zwang, Alexandra. "Droit d'auteur & internet : interactions croisées du droit d’auteur et du droit des NTIC." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1022.
Full textThe incoming of the Internet and ICT, like any technological change, led the copyright to adapt to face new uses. In despite of the "free" movement, Intellectual Property is not really questioned, even if new business models generated by Internet must be taken into account and generate a renewal of copyright.At the same time, the emergence of new forms of work, issues related to counterfeiting, disintermediation and re-intermediation of distribution circuit works, then the uncertainties generated by Web 3.0 , revolutionizing the roles of actors endorsed by "LCEN" : ISPs , hosts, advertisers ... These interactions lead to cross fragilier right ICT have little legitimacy .Beyond the simple adaptation, meeting with Internet copyright then redefines the contours of the right ICT and generates an international approach to its regulation. It also provides the opportunity to rediscover and perpetuate the media law
Vellas-Rieunier, Brune. "Droit de la publicité et Internet." Toulouse 1, 2009. http://www.theses.fr/2009TOU10041.
Full textDevelopment of Internet media in advertising is a major technological development in the field of communication. Technically, the Internet corresponds to a transformation of the form and content of commercial communication. Economically speaking, the Internet represents an upheaval of the advertising market, as electronic advertising involves the simultaneous use of text, pictures, sounds and films. In view of the significant role played by electronic advertising, legal adaptations are an important issue. The Internet transforms the legal framework of advertising because the communicated information becomes interactive rather than passive. For this reason, instructive advertising becomes aggressive, in that it can infringe on fundamental personal data protection rights and consumer protection. It has therefore become necessary to regulate advertising information on the Internet, with regards to both form and content. This is the main aim of the June 21, 2004 Law transposing the European directive on the digital economy into French law. It directly concerns the use and control of advertising on the Internet. However, the analysis of Internet advertising laws demonstrates that current laws, and recent progress are not sufficiently adapted to solve the problems of protecting Internet users with regards to the increasing number and different forms of unwanted advertisements, in particular because there is a major limitation due to the fact that Internet advertising has no borders, and so can consequently avoid national or regional, and particularly European, legal frameworks. Thus, the study of Internet advertising laws could be considered as one of the primary examples of the adaptation of regulatory tools, resulting from the growth of new communication technologies, and demonstrates the problems faced by the new regulations in the context of globalization
Marco, Estelle de. "L'anonymat sur internet et le droit." Montpellier 1, 2005. http://www.theses.fr/2005MON10067.
Full textRiefa, Christine. "L'internet et le droit du marché (droit de la concurrence et droit de la consommation)." Montpellier 1, 2002. http://www.theses.fr/2002MON10062.
Full textLucard, Stéphane. "Ordre public et Internet." Paris 10, 2003. http://www.theses.fr/2003PA100177.
Full textA couple of laws dated from 1789 and 1790 have established the local council conferring the mayor a duty of “good police” in public areas. A law dated from 1884 will be part of systematization of a large notion underlying the action of public power: public order. The notion of public order will correspond to the intervention of an objective and authoritarian in order to prevent any unrest or infringement by a coercive action or a normative action. The notion of public order has itself evolved and opened to unmaterial components, allowing to question on its link with a global electronic media. The Internet will then ask about the new ways of public intervention on such a media and their limits in view of the Internet's user privacy. The aspect of globalization of the Internet will also confront that French notion of public order to a supranational framework as well as the ways and foundations of public power intervention to others law systems or cultures
Le, Borloch Mickaël. "L'application du droit d'auteur aux hyperliens : analyse de droit français et de droit américain." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D069/document.
Full textCopyright in France and in the United-States were created at a time when there was a merger between the immaterial work and the medium on which it was copied. Both legal systems therefore developed rights such as the reproduction right or the performance right which were the fruits of a confusion between these the immaterial work and the material medium.However, the invention of Internet and in particular of hyperlinks requires lawyers and lawmakers to rethink about these rights in a fully digital and immaterial world. It is therefore necessary to go back to the roots of copyright law which intended to create an artificial monopoly in the hands of copyright owners in order to incentivize them to create. Copyright is therefore a pillar of the right to culture which is grounded on the freedom of trade based on economic rights.Yet, hyperlinks creator also enjoy a freedom of trade. American end European lawmakers were concerned by the issue of the balance of interests between copyright owners and hyperlink creators, and they went as far as confering the latter a quasi-judge role on the internet. Since this would have created a risk of having service providers monitoring the internet both American and French laws maintained a judiciary control over the service providers
Gleize, Martin Daniel. "Internet, quelle(s) régulations ?" Montpellier 1, 2006. http://www.theses.fr/2006MON10035.
Full textRémond, Elsa. "Droit d'auteur et technologies numériques." Paris 8, 2006. http://www.theses.fr/2006PA082712.
Full textThe copyright protects the works of the human mind no matter what their form is. So the digital creations such as the software, the databases or the multimedia works are also protected by the literary and artistic copyright. In the digital environment, especially on internet, these implementations are subject to multiple imitations essentially in the name of the private copy exception. To fight against the extent of illicit downloading via peer to peer software, the French members of parliament were inspired by the comparative law. They had to choose between several options: the intensification of repression, the legalization of the technical measures of protection, the global license, prevention, etc. On August 1st, 2006 they finally chose a combination of the first two solutions. But will this choice allow to effectively reconcile the private copy and the interoperability with the interests of the author?
Risacher, Nancy. "La protection des mineurs sur le réseau Internet." Nancy 2, 1997. http://www.theses.fr/1997NAN20016.
Full textThe development of the internet is exponential but the rules covering the information superhighways are not yet really clear. About the regulation of the net, three phases have followed one another: the first one was a phase of real enthusiasm: the priority was the development of the infrastructures and the connexion on the internet was a great adventure. Everybody thought that the internet was a real space of complete liberty and sometimes abuse of liberty. The second phase was that of fear and the scepticism: internet was analysed as a big and ungovernable "monster". The worst on the internet was generalised and he was accused of a lot of perversions, criminal organisations etc. . . The third phase is a phase of realism: internet is just a communication tool, a new and revolutionary medium but the regulation of the "virtual" society is hardly the same as the regulation of the "traditional" society. Consequently, the regulation on the internet and in particular the rules of protection of the children can be used because the violations are the same: crime, diffusion of sexually explicit material, violence etc. . . The problem is to enforce these rules and to implement the liability of the different actors on the net. Indeed, the characteristics on the internet (universality, absence of hierarchy, rapid evolution, fugacity of the contents, world size. . . ) involve a lot of specific legal problems at both levels: national and international
Trovatello, Valérie. "L' infrastructure d'internet entre régulation et gouvernance." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32009.
Full textLobet, Jean-Luc Fortin Hélène Darbon Nathalie Marter Alain. "Les liens hypertextes et le droit." [S.l.] : [s.n.], 2003. http://www.enssib.fr/bibliotheque/documents/dcb/M-2003-RECH-16-darbon.pdf.
Full textBarraud, Boris. "Les sources du droit de la communication par internet." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1026/document.
Full textMany books studying the sources of the law and many books studying the Internet law have already been published. This thesis differs from these books : it studies the original sources, not only the state law and the customs; and it is a scientific work and not a practical work. Observations of the Internet law can serve thoughts on the currents and futures continuities and changes of the sources of the law. Studying this young and special law is like studying an example of global law and postmodern law, revealing the specifics of the law of tomorrow, when the modern law centered on the state will be replaced by a different law, whose properties gather those of the Internet. Gradually, the conventional sources are substituted by new sources. This thesis wants to be a witness of these changes in the sources of the law.In terms of legal science and legal thought, lawyers should perhaps avoid analyzing the law of tomorrow with tools and lessons from yesterday. Studying the Internet law invites to build new tools and frameworks in order to describe and explain as accurately as possible the reality of the law. These problems led to the writing of this book. By focusing on specific legal objects that reflect the twenty-first century law, it wants to promote the understanding and the acceptance of changes in the law. Specifically, the objective is to contribute to the renovation of the sources of the law thought when the modern theory appears increasingly archaic because the number, the identity, the architecture and the balance of the sources is permanently evolving
Deliege, Fabrice. "La responsabilité des acteurs de l'Internet en matière de délits de presse." Nancy 2, 2006. http://www.theses.fr/2006NAN20005.
Full textThe act of advertisement constitutes the infraction and, towards the rules of French international penal competence, allows to localise the press infraction in France independently of its place of on-line publishing. The determination of the persons penally and legally responsible of the violations of the press committed on the Internet obeys three different systems. The actors of the creation process are responsible in application of the rules of the responsibility in chain. However, we have to qualify this statement. These rules must be pushed aside if the piece of information does not have been, beforehand the object of a fixation. In this case, only the common law of the responsibility allows to pursue the author of an infraction. Besides, every person having contributed, either in the creation, or in the on-line publishing, can be in collusion. Finally, the law of June 21st 2004 creates a regime of responsibility eased for the technical providers. According to the law, they are only simple passive intermediaries. As such, they cannot be responsible for the illicit contents. However, since we can impute them a deliberate personal behaviour, the law fixes the restrictive conditions allowing to engage their responsibility. The law creates new actions notably by privileging the emergency proceeding. However, it does not resolve all the problems raised by the Internet. Thus, it is not question of the responsibility of the hypertext links creators or still the responsibility of the search engines. Finally, other adaptations would have been necessary, in the field of prescription in particular. The brief term of notice of press infractions is an obstacle to the actual repression of such behaviours
Cattan, Jean. "Le droit et les communications électroniques." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1053.
Full textThe coexistence of the law and electronic communications raises, among other issues, the problem of online legal enforcement. In order to condemn the publication of illegal information, harmonization of law within the European Union coexists with conventional solutions. Moreover, French law has introduced an obligation to secure online access and develop the faculty to block access to illegal information online. This has required the intervention of jurisdictional mechanisms designed to ensure a fair balance among fundamental rights at stake. It leaves open, however, the issue of a possible and legitimate sanction. It is also to be observed that the law is key to the development of access to electronic communications. The goal that is pursued is to ensure the improvement and the dissemination of access to electronic communications through competition. It appears that access to electronic communications depends on a competition regulated by law. A holistic approach to the relationship between the law and electronic communications helps reveal a dialectical relationship between the law and technology. While the law supports the development of electronic communications, it is also a source of its disturbance, before becoming a factor of its evolution
Pourre, Jean-Bernard. "Les conditions de la formation du contrat sur Internet." Versailles-St Quentin en Yvelines, 2003. http://www.theses.fr/2003VERS016S.
Full textThe Thesis supported by Mr Jean Bernard POURRE, on September 30th 2003, devoted to the conditions of the formation of the contract on Internet proposes to examine how is formed the legal document which is the contract by means of Internet. According to the traditional analysis, this thesis intended for the experts present according to two parts, the expression of the consent on Internet, then the existence of an exchange of consents. The first part analyses the expression’s method of the consent through electronic instruments: the offer and acceptance. The second part, after having mentioned the question of the law applicable to the validity and the proof of the contract develops the problems of the proof formalism relating to the consent and the validity of the exchange of the consents. The thesis studies particularly to the technical aspects of Internet and the electronic signature as well like expression means of the consent as like proof of the existence of the consent
Florimond, Guillaume. "Droit et internet : approche comparatiste et internationaliste du monde virtuel." Nantes, 2013. http://www.theses.fr/2013NANT4009.
Full textAbi-Rizk, Georges Daladier. "L' internet au service des opérations bancaires et financières." Paris 2, 2006. http://www.theses.fr/2006PA020006.
Full textJaber, Abbas. "Les infractions commises sur internet." Dijon, 2007. http://www.theses.fr/2007DIJOD003.
Full textIn spite of is rooting in the economic, cultural and social landscape, the legal status of Internet remains obscure. Though it embodies the most sublime dreams of a communication society, Internet prefigures a criminality of communication whose threats, often ignored, are increasingly polyvalent and dangerous. Consequently, it is necessary to clarify the uncertainties regarding the applicability of the criminal law to Cyberspace. On formal ground, the range of Cyber-criminality as well as its definition is to be specified. On procedural ground, it is advisable to enlighten the bonds maintained with traditional and data-processing criminalities. Lastly, on material ground, if the intervention of the legislator and of the criminal judge in order to control Internet is generally agreed upon, it is however important to wonder whether traditional legal rules are suitable for such a control
Lantrua, Romaric. "Cadre juridique de l'édition et de l'exploitation d'un site internet." Montpellier 1, 2006. http://www.theses.fr/2006MON10056.
Full textLn the wide space of communication and freedom which caracterizes the Internet, the editor carries on an activity via his website, fIrst of aH focused on the publication of contents. But, it does not cover the whole scope of his activities. Ln this numerical mirror of the real world that is the Internet, the articulation of the mIe of law applying to the publisher and his website is also subject to the specifie mIes inherent to each human activity. The analysis ofthis situation enables to show that the publisher must be necessarily considered in a more or less complex relalional sphere, whether it is to develop or to protect his own activity. But the concepts offreedom and activity inevitably lead to the question ofliability. Pursuant to the classical mechanisms of law and liability, the editor shaH indeed be liable for his acts and his potential abuses towards third parties as weH as towards the civil society. However, even if the theorical foundations which pre-exist the digital era seem clear, this liability appears to be dissolved as a result of the conjunction of several factors, besides a deep trend to seek the liability of the technical intermediaries of the digital networks. Ln face ofthis notice able phenomenon, the previous conception of liability leaves, within some limits, a place to alternative solutions, like the cease of publishing and self-regulation
Mettoudi, Robert. "Les fonctions quasi-juridictionnelles de l'autorité de régulation des télécommunications." Nice, 2004. http://www.theses.fr/2004NICE0048.
Full textPérez, Gómez Ana Maria. "L'analyse économique du droit d'auteur face au défi d'une gestion collective mondiale des droits en ligne." Nantes, 2012. http://www.theses.fr/2012NANT4017.
Full textSociety is facing the globalization of the culture thanks to the digital revolution. Internet as a no border environment allows its users to access and download a large repertory of protected works through websites at a marginal cost close to zero. As a consequence, cultural industry is suffering great loses and a solution to the problem of multi-territorial licenses granting is a challenge to lawmakers. The first part of the PhD focuses on the law and economic analysis of copyright. We assert that the market for copyright is a monopolistic competition one due to the fact that protected works are public goods and that free riders constitute a negative externality to the market. The second part of the PhD will concentrate in the law and economic analysis of copyright collectives. The PhD aims to propose the basis of a possible solution to the granting of licenses based on the collective administration of rights. This administration leads to a decrease in the administration transaction costs and risks, the production of economies of scale and facilitates enforcement and recovery of royalties. Our proposal is to create an international one stop shop administered by an international organization. Its repertory will be characterized by the implementation of digital measures permitting follow-up and enforcement. Its members will be the states adhering to the international legislative mechanism leading to its implementation. The society will benefit of this one stop shop and particularly collecting societies, authors from countries without collective administration and users of digital copyrighted works worldwide. It will grant multi-territorial and multi-repertory licenses
Liberi, Yannick. "Le paiement en ligne dans l'opération de commerce électronique sur internet." Montpellier 1, 1999. http://www.theses.fr/1999MON10057.
Full textBoussard, Marie-Alix. "Le virtuel et le droit." Montpellier 1, 2007. http://www.theses.fr/2007MON10020.
Full textThe concept of virtuality is opposed today to its opposite, reality. However, the original definition opposes virtuality to the present. Virtuality as opposed to the present is a concept present in right, whether this presence is natural or conventional. Indeed, the virtual can be naturally included in the evolution of certain objects or subjects of right. It could be the case in particular with the foetus, virtual person or virtual owner. Virtuality is also laid out in the contract especially by the terms used. If, in its opposition to the present, the virtual is to be sought in the right, it is necessary to wonder about the existence of a right of virtual, this time as opposed to the real. The objects and subjects of right being virtually born or being dematerialized, the right of virtual draws primarily its source in the common right. These developments result in considering that the right, flexible, seizes the concept of virtuality
Dimeglio, Arnaud. "Le droit du référencement dans l'internet (outils de recherche, lien hypertexte, balise Meta. . . )." Montpellier 1, 2002. http://www.theses.fr/2002MON10005.
Full textMoulin, Carole. "Un site de vente sur internet : de l'installation à l'exploitation." Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32063.
Full textCombe, Marion. "La protection pénale de l'information." Nice, 2012. http://www.theses.fr/2012NICE0027.
Full textInformation is omnipresent in the modern world. Its supports, its modes of spreading, but also the means to harm it never stop diversifying. Criminal law cannot ignore these evolutions. A criminal law approach to the protection of some information has existed for a long time, especially through the use of secrecy. The aim is now to measure the reach and efficiency of this protection, to understand its mechanisms and to underline its incoherencies, especially in the light of the technological evolutions that continually renew its problematic. First of all, it seems that protection of information is incoherent. The criminal matter in this field is obsolete, focusing on a multifaceted protection, because it is imbued with insufficient concepts, of a huge variety and not much theorised; Criminal law is unable to understand the concept of information that is intrinsically immaterial and of a great mobility, which confers to it rather vague borders. Beyond concepts, such a negative statement can be observed in a concrete and practical way in a basic and fundamental field : the criminal protection of information related to the private sphere. Thus, these many inconsistencies are not satisfying. They therefore justified reflection of a rational improvement of the criminal protection of information, in order to increase its efficiency and to bring along some homogeneity into the process of criminal protection. Premises of homogeneity can be found in the protection of information related to the professional sphere. In the light of these interesting premises, modernization of criminal protection is suggested, the aim of which is to develop the efficiency of protection, by the wording of the bases of a modern protection and the suggestion of the conditions of its setting. At the end of the analysis, this approach finally reveals the virtues of property as regards criminal protection
Thomas, Vincent. "La responsabilité de l' éditeur d' un site web." Toulouse 1, 2002. http://www.theses.fr/2002TOU10048.
Full textWhen running a web site, his publisher is likely to invest his responsability, in the activity called editorial (various violations of intellectual property, individual rights or public order) as well as in operations meant to favour its commercial development (establishing hyperlinks, promoting of and on the site)
Gola, Romain. "La régulation de l'internet : noms de domaine et droit des marques." Thèse, Aix-Marseille 3, 2002. http://hdl.handle.net/1866/2766.
Full textConflicts between domain names and trademarks law, mainly arise from the lack of coordination between their registration processes. The choice and registration of domain names is not subject to any formal regulation and is established on a "first-come first-serve" basis and trademarks are instead subject to a statutory system. Moreover, an important difference between trademarks and domain names is the scope of their reach. Domain names have an instantaneous transnational presence, while trademark law depends on a legislative territory. When a trademark holder wishes to establish himself on the Internet, the holder is sometimes confronted with the fact that someone has already registered a domain name using his own mark. Domain names, as new commercial identifiers, are gateways to web sites and have become one of the most contentious legal issues on the Internet. Therefore, it is of the utmost importance to study the legal interactions in cyberspace in order to find solutions on how they should be handled. The Domain Name System (DNS) is an ideal framework to do so. The current controversy over the Internet’s DNS raises important questions about how the Internet should be administered and governed. A Governance, resulting from the synergy between the technical architecture, social norms, self-regulation, contracts and the law, is not unique to cyberspace. However, the conflict between domain names and trademarks c1early shows the need to search for new directions and develop policy cooperation (or regulated self regulation) in order to predict, establish and monitor the rules governing the Internet.
Maïga, Souleymane A. "Le contrat conclu par internet et la protection des consommateurs." Paris 2, 2008. http://www.theses.fr/2008PA020088.
Full textAltenbourger, Frédéric. "Les enchères électroniques en droit privé." Paris 2, 2004. http://www.theses.fr/2004PA020022.
Full textEl, Kareh Charbel. "La qualification juridique des services en ligne de résolution des conflits." Paris 11, 2008. http://www.theses.fr/2008PA111001.
Full textRobitaille-Froidure, Amélie. "Liberté d’expression et protection du mineur sur Internet : étude comparée des droits français et américain à l’aune du droit européen et international." Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100163.
Full textLong-standing renowned, freedom of speech « regardless of frontiers » takes on its full meaning with the development and the massification of the Internet. As beneficial as it might be, the latter presents many risks for children. Among these risks, those which already occured on traditional meadias are emphasised in cyberspace. Simultaneously, Information and Communication Technologies induced new habits that created unprecedented dangers for minors. Though not imposing « cyberpaternalism », States don’t want the Internet to be a lawless space governed by « cyberlibertarians ». Trying to balance freedom of speech and protection of minors on the Internet, States have to admit that in cyberspace such a conciliation is very thorny
Favard, Bastien. "Haine et droit pénal." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0031.
Full textHate left painful scars in our societies that will never be forgotten. The rise of terrorism and the growing tensions among communities raise concerns about a possible long term instability of our society. Criminal law is the one able to stop this phenomenon but such a task is not without difficulties. The first of them is to understand and define hate, both on its effects on the mind and the shaped of its demonstrations. The modern means of hate transmission are tightly tied to the hate ability to have a strong hold on the most vulnerable people. The control of internet is one of the key to succeed but is far from an easy thing. The complexity of it, both technological and legal, slows down the legislator work. This obstacle, associated with the wave of terrorism, put the criminal courts in a tough situation. If the only way to prevent hate is to stop it before reaching the point of non return, preventing it is complex. The balance with the fundamental liberties is very delicate and the freedom of speech is often the first one hurt. Punishing incitement to hatred or denial of crimes against humanity leads necessarily to censorship. The conditions of this censorship are the subject of many debates and strong oppositions. In this case, the role of regional and international institutions is fundamental, especially to direct the aging french law towards the right direction. The criminal law regarding hate is indeed still widely limited to the press legislation while hate now used many different means to spread. The legislator and justice need to work together in order to create new offenses, improve the already existing offenses and prevention, always respecting fundamental liberties. Globally, it is all the countries together that must face together these new threats
Bou, Khater Christiane. "La protection des noms de domaine." Nantes, 2004. http://www.theses.fr/2004NANT4018.
Full textDomain names are signs open to digital and alphanumeric representation with a double function technical and juridical. Because they acquired an independent commercial and financial value, their protection became an essential economical importance. The protection lead to many questions mainly about their legal nature: are domain names considered distinctive signs? Are they a property right? The protection of the domain names comes within the effort of legal and extra-judicial decisions. Precedents only recognize though shyly the legal qualifications of the domain names in the right of possession. The legislator did not give his opinion on this matter yet. His intervention will confer to the domain name a legal system quite inexistent for the other distinctive signs. Maybe it is time for the legislator to intervene because we feel the urge to build a legal system for distinctive signs. Do domain names deserve the attention of the legislator in the same capacity of trademarks?
Randriamialy, Rakotomalala Haliravaka. "Réseaux de distribution et Internet." Toulouse 1, 2012. http://www.theses.fr/2012TOU10015.
Full textLabbé, Éric. "Les équilibres juridiques à l'épreuve de la contrainte technique : conflits et défis normatifs de la société de l'information." Poitiers, 2006. http://www.theses.fr/2006POIT3008.
Full textContrary to legal norms, technical constraints are physical obstacles to the freedom of action. They constitute a mode of regulation, a normativity, that primarily operates on a material and asymbolical level. Stressed by the current development of information technologies, this new kind of protection generates normative conflicts with legal balances: anti-copy mechanisms prevent fair reproduction and cryptography prevents the search and the legitimate identification of illicit activities. Not only do the technologies of control contradict the legal speech, but they are also unable to follow the evolution of law, which is considerably more flexible by nature. On the contrary, a hermeneutic perspective reveals the unpredictability of legal norms and the reflexive function of law. How then to render the technical rigour compatible to the legal flexibility? The present thesis attempts to answer this question
Dulong, de Rosnay Mélanie. "La mise à disposition des oeuvres et des informations sur les réseaux : Régulation juridique et régulation technique." Paris 2, 2007. http://www.theses.fr/2007PA020079.
Full textMiklalah, Ahmad. "La résolution par l'arbitrage électronique des litiges relatifs à l'internet." Université Robert Schuman (Strasbourg) (1971-2008), 2004. http://www.theses.fr/2004STR30008.
Full textResolution by the electronic arbitration of the litigations relating to the internet proceeds in two distincts phases : convention and procedure. The parties must express their will to take part in an electronic arbitration by the conclusion of a convention of arbitration. This will intervenes before the arbitration procedures on line and gives them their legal effects. The first stage of the reasoning resides then in the determination of the legal framework of electronic arbitration of the litigations relating of the internet. But the dematerialization of the arbitration procedures causes quite distinct difficulties. In order to overcome these difficulties, it is necessary to present the legal texts governing the traditional arbitration procedures and to confront them with the arbitration procedure on lines. This method enables us to release the typical aspects of the arbitration procedure on line. The second part of the study aims at highlighting the arbitration procedures on line
Reidenberg, Joel R. "Le droit et les réseaux internationaux d'information." Paris 1, 2003. http://www.theses.fr/2003PA010258.
Full textChevret, Christine Esquenazi Jean-Pierre. "Citoyenneté, civisme, civilité pour une approche grammairienne des justifications autour de la construction du droit relatif à l'internet en France /." Lyon : Université Lyon 3, 2007. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/2006/chevret_c.
Full textBenilsi, Stéphane. "Essai sur la gratuité en droit privé." Montpellier 1, 2006. http://www.theses.fr/2006MON10033.
Full textBitar, Abdallah. "Les aspects juridiques des hyperliens." Nantes, 2006. http://www.theses.fr/2006NANT4015.
Full textThe first uses of the hypertext and thus of Hyperlinks, go up with the creation of the World Wide Web in the Nineties. The purpose of Hyperlinks was to bind various resources of information on the network. Then, a new use of the Web and consequently of Hyperlinks, that of the professional and commercial use of the Web was born. This mixed use of the Internet directly influenced the development of hyperlink techniques, which without the Web would no have its actual development. This navigation tool does not stop causing legal debates. Indeed the central question which interests each Net surfer and not only each hyperlink creator, is well that of the admissibility of hyperlinks. This question can be distinct only using criteria which we tried to determine. This thesis is devoted to legal aspects of hyperlinks. This is why we reconciled elements borrowed from different legal statuses without giving a specified importance to such or such branch of law, and with no distinction except exceptionally between the various techniques of linking from their modes of creation or use
Berthou, Renaud. "L'évolution de la création du droit engendrée par Internet : vers un rôle de guide structurel pour l'ordre juridique européen." Rennes 1, 2004. http://www.theses.fr/2004REN1G011.
Full textThe creation of righ, phenomenon unknown of the legal sciences, should be now taken in the mouving towards postmodern era. The origin of this movement must be search in the Inernet network. In this sense this new legal space is for the creation of righ an "netwoking" accelerator, nevertheless respectful of the plural. But, this changing due to Internet cause another change that is as eminent : it oblige the legal institutions to develop globally their internal structure and pusch them in a universe where they can not have a relevant action. Only the legal order of europe, owing to his deep structure, should have a first-class place in this universe, but for that this order must trait their elements of modernity and protect his "genius"
Hotait, Mazen. "Protection du consommateur dans les contrats conclus sur Internet." Paris 2, 2008. http://www.theses.fr/2008PA020038.
Full textAlmuntaka, Abdelfattah. "Droit et cyber-blanchiment." Nice, 2006. http://www.theses.fr/2006NICE0016.
Full textLegally, money laundering is considered as a crime and recognised as such by law, whatever was method was used to do it. The use of ultra sophisticated technologies as regards laundering, and particularly the Internet, is a recent phenomenon that will soon be replaced by even more developed technologies. The crime itself can be better perceived in the action that gives a new appearance to dirty money. Many countries make big profits today in spite of the intrusion of black capital intrusion in the State coffers. Some other countries (tax havens) base their entire economy on financial activities. However, they just look away and do not consider where these funds come from or just don't want to know. It is quite simple to declare that money laundering must be fought, to organise international meetings and even sign agreements and conventions to declare it is a crime and to encourage international cooperation to fight it. In fact, progress is slow, everything depends on the politicians' goodwill at a time when there's only lack of sincerity and good faith. Thus, criminal money, coming from drug trafficking, arms dealing, prostitution, misuse of public property, corruption, is transferred daily via the network through the six continents. Being transformed from black money into foreign or fundamental capitals of investments, it doesn't leave any trace. This black capital amounts to 2 to 5% of the world GNP. According to the newspaper New York Times, the USA alone receives every day at least 2 billions of dollars of black money
Chatraoui, Widad. "Les opérations bancaires dématérialisées." Versailles-St Quentin en Yvelines, 2007. http://www.theses.fr/2007VERS005S.
Full textThe thesis aims to present the legal system of the electronic banking operations. The object is to wonder about the impact of the electronic form of the banking contract on the formation and the effects of this contract. The thesis analyses the distinctive features of each banking operation ( money receipt, credit operation and availibility and management of means of payment) realized by this way
Tourbez-Thoraval, Léa. "La protection du droit de la propriété littéraire et artistique contre la contrefaçon sur Internet." Thesis, Normandie, 2017. http://www.theses.fr/2017NORMC033.
Full textConsidering the amount of counterfeit pieces of work on the Internet, and faced with the resulting legitimacy crisis within the literary and artistic property rights, we may wonder about the strategies for fighting online counterfeiting. It would not be realistic, nor advisable, actually, to be looking for a miracle cure, a unique anti-counterfeiting solution. The complexity of this phenomenon should be addressed with multiple responses. They should be designed to create a network that would protect literary and artistic property on the Internet. It is indeed the combination of these tools, their variety, and their diversity that will lead to a more effective protection. Therefore, today, this protection results from both institutional actors, such as the legislator or the judge, and private actors. Gradually, everybody is concerned by the matter and that is a fact that we can but approve of. With the development of the Internet, the protection dictated by the law and the judge has had to re-shape itself. It has more or less successfully adapted itself to this new phenomenon. The law has produced more tools, and offered new approaches such as prevention, through Hadopi, for example, or making of the actors of the digital industry aware of their responsibilities (especially through the following article L. 336-2 of the Intellectual Property Code). As for the judge, he is seeking a balance. He is now unwilling to sentence the Internet users, and he is more prone to make the technical intermediaries aware of their responsibilities than to punish them. This dictated protection is not perfect, it could be improved and revised. It is supplemented by a voluntary protection which the private actors provide. This protection is first visible through the use of contracts. The protection of literary and artistic property rights against counterfeiting did not use to be included in these contracts before, but it has now appeared in them since the Internet has begun to spread. However, the contract does not always live up to the expectations placed on it. It has limitations that can only be fixed to a certain extent. Rightholders and actors of the digital industry are also innovating: they resort to soft legal instruments such as the code of conduct. Some actors go even further and voluntarily offer more or less effective protection means against counterfeiting (downgrading, keyword removal) .All of these tools form a network, which is not perfect and which we are proposing to revise, but that is a key component to the improvement of the protection against counterfeiting online