Every router is a publisher now?
The flaw in the logic comes in this paragraph:
"In so far as, in an internet context, ‘re-utilisation’ is not usually a single act but the sequential succession of a number of acts which, having as their purpose the ‘making available’ of certain data via a networked and multi-polar communication medium, occur in that medium as a result of the actions of individuals located in different territories, the conclusion must be that the ‘place’ of the ‘re-utilisation’ is that of each of the acts needed to produce the result comprising the ‘re-utilisation’, that is to say, the ‘making available’ of the protected data," Bot said.
The 'number of acts' are the emission of the published material from a server and its transmission through the network that 'makes available' the published material to the recipient. Bot is arguing that publishing happens everywhere that any one of the 'number of acts' occurs, but this is blatantly incorrect. Each of these number of acts, individually, is necessary but not *sufficient* for the overall act of 'making available' to occur; the making available only actually happens when all of the acts are carried out in the right sequence.
In other words, Bot is claiming that each act on its own is both necessary and sufficient, which would make every intermediate router hop on the internet a 'place' of publication. But the actions of any single router on its own, in isolation without first having been fed data by the entire upstream path, could not result in any data being 'made available'. Publication of anything clearly requires the entire uninterrupted causal chain to succeed.
I personally think the best legal model for the internet would be to consider accessing remote servers and the act of publication involved thereby as exactly analagous to making an international direct-dial phone call to a recorded information line sited in whatever country the server is in. There should already be plenty of clear case law to help us understand that situation that could apply to the 'net.