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the manufacture or import, for sale or rental, of a device or means which allows or
facilitates the receipt of a coded broadcast or communication to the public or of any
other kind by persons not entitled to receive these;
the deletion or modification, without due entitlement, of any information relating to
the rights regime in electronic form;
the distribution or import for the purposes of distribution, broadcasting, public
communication or the making available to the public, without due entitlement, of
works, performances, phonograms, videograms or broadcasts, in the knowledge that
information relating to the rights regime in electronic form has been deleted or
modified without authorization.
Persons perpetrating the infringements stipulated above shall be punished in accordance with
Articles 106 and 107 above.
Article 109:
Persons undertaking, on a large scale and for commercial purposes, acts punishable under
Articles 106, 107 and 108 above shall have committed the crime of piracy.
Piracy shall be punishable with a prison sentence of one to three years and a fine of 500,000
to 5,000,000 francs or only one of these two penalties.
Article 110:
The penalties for offenses set out in Articles 106 to 109 above shall be doubled if it is
established that the guilty party habitually undertakes the infringing acts.
In addition, the court may order the closure of the establishment operated by the convicted
person either permanently or for a temporary period of not more than five (5) years.
Where the measure ordering closure is issued, the members of staff shall receive
indemnification equal to their salaries plus all benefits in kind for the duration of the closure
and at most for six months. If collective or individual agreements provide for a higher
indemnification for redundancy this shall be due.
Any infringement of the provisions of the two paragraphs above shall be punishable with a
prison sentence of one to six months and a fine of 150,000 to 1,500,000 francs or only one of
these two penalties. In the event of a subsequent offense the sanctions shall be doubled.
Article 111:
In all the cases provided for in Articles 106 to 110 above, the court may order the confiscation
of all or part of the revenue resulting from the infringement, and that of all counterfeit or
unlawfully reproduced phonograms, videograms, objects and copies, and of the material
specially installed for the commission of the offense.
The confiscated revenue shall be handed over to the injured party or his successors in title as
compensation for harm to cover part of his compensation or all the compensation, if
confiscation did not take place, compensation shall be settled through the regular channels.
The confiscated material and copies shall be handled in accordance with the provisions of
Article 104 of this Law.