Yes.
Seriously though, this is not the only reason French courts are a joke. It just adds to them. Any court that thinks flash carts should be legal loses credibility, almost no one who buys them does so for legal reasons. It's been said before, but this is like bongs in that almost no one who buys a bong does so for legal uses. Hell, European courts in general look foolish every time they unfairly attack Microsoft (if I was Microsoft, I would just say "F*** You European Union, we'll just sell our stuff the way WE want to online. Say something and we'll fire all of our European employees and providing products to Europe").