France’s Court of Cassation rejected 1fichier operator DStorage’s appeal on February 26, 2025, leaving in place an order to remove or block access to links and copies of specifically identified Nintendo and Pokémon games. The decision did not ban 1fichier.com or require the service to monitor every upload.
What did the French court order?
The order came from the Paris Court of Appeal on April 12, 2023. It required DStorage to remove or make the identified content inaccessible within 72 hours after the order was served. If it failed to comply, a penalty of €1,000 per day applied for six months. The Court of Cassation rejected DStorage’s appeal, so that targeted remedy remained in place.
The case concerned links to unauthorized copies of these games:
- Super Mario Maker for Nintendo 3DS
- Pokémon Sun and Pokémon Moon
- The Legend of Zelda: Breath of the Wild
- Super Mario Odyssey
- Mario Kart 8 Deluxe
- Splatoon 2
- Pokémon Ultra Sun and Pokémon Ultra Moon
How did the dispute reach the Court of Cassation?
DStorage operates 1fichier.com, a service that provides hosting, technical infrastructure, and online data storage. Users could share download links to stored content through a separate public site.
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- January 22, 2018: Nintendo, The Pokémon Company, Creatures, and Game Freak notified DStorage about links to copies of Super Mario Maker for Nintendo 3DS, Pokémon Sun, and Pokémon Moon, and asked it to remove them.
- January 30, 2018: The companies sent a further notice identifying links to six more games: The Legend of Zelda: Breath of the Wild, Super Mario Odyssey, Mario Kart 8 Deluxe, Splatoon 2, Pokémon Ultra Sun, and Pokémon Ultra Moon.
- May 24, 2018: After finding the links still available, the companies sued DStorage, seeking liability, compensation, and removal under a penalty.
- April 12, 2023: The Paris Court of Appeal issued the judgment that DStorage appealed.
- February 26, 2025: The First Civil Chamber of the Court of Cassation rejected the appeal. The judgment was not published in the Bulletin.
Read the Court of Cassation’s judgment on Légifrance (appeal no. 23-15.966).
Why did the court hold DStorage liable?
The Court applied the French law on confidence in the digital economy (LCEN), in the version derived from Law No. 2016-444 of April 13, 2016. Under the rule described in the judgment, a hosting provider may face civil liability if it learns that stored material is manifestly unlawful and then fails to act promptly to remove it or make it inaccessible. The Court summarized the rule this way: « peuvent voir leur responsabilité civile engagée du fait des activités ou des informations stockées à la demande d’un destinataire de ces services seulement si, dès le moment où elles ont eu connaissance de leur caractère manifestement illicite, elles n’ont pas agi promptement pour retirer ces données ou en rendre l’accès impossible ».
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The Court found that the notices and their attached tables sufficiently identified the relevant marks, links, and games in the circumstances of this case. The companies’ claim rested on the hosting provider’s own liability, not on a claim of trademark infringement as such. The Court also noted that DStorage’s responses to the notices had not formally contested the games’ ownership, originality, or reproduction. That is a case-specific assessment, not a rule that rights-holders never need to substantiate a notice.
Did the ruling impose a general monitoring duty or ban 1fichier?
No. The Court distinguished between a general obligation to monitor all stored information or search broadly for illegal activity—which the LCEN bars—and a targeted, temporary measure concerning identified content. It considered the order to remove or block copies of the named games targeted, and the six-month penalty period temporary. The ruling did not order a website-wide shutdown or require DStorage to screen every user upload.
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What did DStorage have to pay?
In addition to the removal-or-blocking order, the Court ordered DStorage to pay the costs of the proceedings and €5,000 total to Nintendo, The Pokémon Company, Creatures, and Game Freak under article 700 of the French Code of Civil Procedure. This €5,000 award is separate from the €1,000-per-day penalty attached to noncompliance with the appellate order.
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