Fulvio Sarzana, an italian lawyer of Sarzana and Partners law firm, based in Rome, specialized in internet related matters, has successfully obtained, on behalf of Rapidgator ltd, an important judgement In Italy on Cyberlocker sites and copyright infringment
Cyberlockers are 3rd-party file-sharing services.and are also known as ‘file hosting’ services.
Driven by advertising and subscriptions, these cyberlockers provide password-protected hard drive space online.
The “riesame” ( appeal) Court overturned a verdict of Preliminary investigations Judge of Rome that have seized the Rapidgator site for copyright infringment ( among 26 others).
The Court said “ having regard to Articles 322 and 324 of the (Italian) Criminal Procedure Code, granting the request of appeal, The Court cancel the appealed decree, that precludes the use of the site www.rapidgator.net for the purpose of storage for third parties (even though the payment)”.
The Court therefore declared the legitimacy of cyberlocker, if there is a system of notice and take down.
The Court also ruled that the owner of the portal can not respond to violations committed by the individual user.
The seizure of the entire site then contrasts against the principles of reasonableness, proportionality and adequacy.
The dispute began in december 2012, when an italian small film distributor, (with the assistance to the Italian’s Copyright collecting society, SIAE ) filed an action in the Court of Rome against 27 internet websites, alleging they had authorised the file sharing of a single Movie “a monster from paris” of its users.
Th Judge of Rome ordered to the ISP to block access to 27 web sites ( filesharing providers and cyberlockers) accused of consent illegal file-sharing .
Among others, Uploaded, BitShare, NowVideo, NowDownload, VideoPremium, QueenShare and ClipsHouse.
The now favorable verdict is limited to the cyberlocker Rapidgtor since the other web sites haven’t made happeal
Fulvio sarzana said “I’m pretty happy: the Copyright holders contend that the only way in which they can obtain effective relief to prevent, or at least reduce the infringements of their copyrights is by means of an order against ISPs.
But this is stupid, since the Concerns about over-blocking, and ease of circumvention are widely recognised .
That blocking through the ISPs is not a silver bullet to stop web copyright infringement, but is in fact a way to balkanize the web “
The investigations will continue since the prosecutor has however requested the authorities of the countries where the servers of cyberlocker sites are to release informations of the beneficial owners.Fulvio Sarzana
Studio Legale Roma Sarzana & Associati
Articolo disponibile anche in lingua: Italian