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Clear out junk files and repair common Windows errorsFree Scan →Fix the driver behind crashes, sound loss and screen glitchesFind Drivers →Repair Windows errors before they cause bigger problemsFix Now →France’s Court of Cassation rejected 1fichier operator DStorage’s appeal on February 26, 2025, leaving in place a Paris Court of Appeal order to remove or block links to specified unauthorized Nintendo game copies. The order required action within 72 hours of service and set a €1,000-per-day penalty for six months. It did not shut down 1fichier.com or impose a general duty to monitor every user upload.
What the French court decided
The First Civil Chamber of the Court of Cassation rejected DStorage’s appeal from an April 12, 2023 Paris Court of Appeal judgment. DStorage operates 1fichier.com, a service that provides hosting, technical infrastructure and online data storage. Users could share download links to content they stored, including through a third-party public site.
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The litigation concerned links to unauthorized copies of identified Nintendo game files and DStorage’s response to notices from Nintendo, The Pokémon Company, Creatures and Game Freak. The final ruling left the appellate removal remedy in place. It did not order a website-wide shutdown.
How the dispute developed
| Date | Event |
|---|---|
| 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 requested removal. |
| January 30, 2018 | A second notice added 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 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 DStorage later challenged. |
| February 26, 2025 | The Court of Cassation rejected DStorage’s appeal, ordered it to pay costs and awarded the four claimant companies €5,000 total under article 700 of the Code of Civil Procedure. |
The ruling is the Court of Cassation’s First Civil Chamber judgment in appeal no. 23-15.966, ECLI:FR:CCASS:2025:C100131. Read the official judgment on Légifrance.
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What DStorage was ordered to do
The 2023 appellate order required DStorage to remove or block access to the identified content within 72 hours of service. The associated penalty was €1,000 per day and ran for six months. The February 2025 decision rejected the appeal against that remedy; the penalty’s six-month limit was part of the order, not an open-ended monitoring requirement.
The court’s list of games was specific: Super Mario Maker for Nintendo 3DS, Pokémon Sun, 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.
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Why the notice and monitoring questions mattered
Notice and the host’s response
The Court applied the French law for confidence in the digital economy (LCEN) as applicable under 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 for user-supplied material if, after learning it is manifestly unlawful, it fails to act promptly to remove it or make access impossible.
The judgment recites notice elements that include a precise description and location of the disputed material, the legal and factual grounds for removal, and either a copy of correspondence asking the author or editor to act or an explanation that the author or editor could not be contacted. In this case, the Court found the notices and attached tables sufficiently identified the relevant marks, links and games. It also noted that the companies’ claim was based on the host’s own liability rather than trademark infringement as such, and that DStorage’s responses had not formally disputed the games’ ownership, originality or reproduction. Those findings describe this case; they do not mean a rights-holder can dispense with substantiating a notice in other disputes.
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Targeted action is not general monitoring
The Court distinguished a broad requirement to inspect all stored information or search generally for illegal activity from a targeted, temporary measure covering specified content. It concluded that the order concerning copies of the named games, with the penalty limited to six months, was sufficiently targeted and temporary under the LCEN version at issue. The ruling therefore upheld a defined response to identified material, not a general obligation to monitor every upload.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Did France ban 1fichier.com?
No. The judgment concerned identified links and copies of named games hosted through DStorage’s service. It upheld a removal or blocking order with a deadline and a time-limited penalty; it did not direct the service to close or declare that all user uploads must be screened.
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What this ruling means for readers
The decision is a case-specific application of French hosting-liability rules to notices about identified game copies. It illustrates the legal distinction the Court drew between acting on sufficiently specific claims about particular material and imposing a standing duty to search broadly for unlawful content. Its outcome should not be read as a ruling on every notice, every hosting service or every country’s intermediary-liability laws.
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