The sentence accepts the appeal of some online streaming platforms that had been condemned to pay 600,000 euros for copyright infringement
After the closure in the last period by the Guardia di Finanza of hundreds of illegal streaming platforms, the war against online piracy in Italy suffers a brake. The decision of the judges starts from an assumption that could rewrite the interpretations regarding the violation of copyright. In Italy and in Europe. In fact, according to the judges, platforms that host links to films and other video content do not always commit a crime. It is necessary, before proceeding to the closure of the site and to sanction the managers of the platforms under investigation, to make sure that it is an actual violation. The sentence is revolutionary because it overturns in part the modus operandi used up to now and which has led to the obscuration of many sites only because they contain links to copyright protected material.
The reasons for the sentence
The judges of the Court of Frosinone have accepted the appeal of the streaming platforms cineteka.org, filmakers.biz, filmaker.me and filmakerz.org that had been condemned to pay a fine of almost 600 thousand euros for having violated copyright. According to what is stated in the sentence issued by the judges last February, in order to proceed, it must be established that the publication of a work protected by copyright is exploited for profit. If it is not demonstrable - and the appearance of banner ads on the site seems to be not enough - the managers cannot be prosecuted.
A historic decision that could change the fate of many sentences and make the work of those who fight against online piracy a little more difficult.