Sony cites as a reason for discontinuing the films that the licensing agreement with StudioCanal will expire.
The short version of this is that or Sony should start giving people money back; or Exciting lawsuits will be filed (collective action); As well as possible prosecution by the authorities for breaking the law.
Since January 2022, there should be legislation in all EU member states: Guidance 2019/770 From the European Union on contracts for the supply of digital content and services.
Among other things, this directive contains the following:
Article 10 – Rights of third parties
In the event of a restriction resulting from the infringement of rights of third parties, in particular intellectual property rights, that prevents or restricts the use of digital content or a digital service in accordance with Articles 7 and 8, Member States shall ensure that the consumer is entitled to the remedies for the non-conformity referred to in Article 14, unless national law provides for the invalidity or termination of the contract for the supply of digital content or digital service in such cases.
Therefore, unless there is already another national law expressly providing for the invalidity or termination of the contract in these cases, remedies for non-conformity apply. These remedies mean that the merchant must restore compliance – that is, make the content available again. If they fail to do so or refuse to do so, you can cancel the agreement, as you are entitled to a refund.
Please also note that the provisions of this guide apply to all digital content that Delivered It will become after January 1, 2022:
Article 24 – Transfer
[..]2. The provisions of this Directive shall apply to the supply of Digital Content or Digital Services as of January 1, 2022, with the exception of Sections 19 and 20 of this Directive which apply only to contracts entered into after that date.
Why is this important? Since content added to a digital library can be accessed at any time by logging in with an online account, there is a so-called. continuous delivery – Which therefore means: delivery that continues throughout the term of the agreement. An unlimited term agreement, limited to the moment the online account will be closed. This means that Also existing agreements including remote ones that were closed long before this directive appeared, but are still in progress, Also simply fall under this directive † Including Section on Rights of Third Parties (Article 10) and provisions for conformity and non-conformity (Articles 7, 8 and 14).
[Reactie gewijzigd door R4gnax op 5 juli 2022 21:24]
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