Copyright on line: The Court of Appeal of Rome, Italy, declared legal the Cyberlockers.

chiavepcThe Court of  Appeal (“riesame”)  of Rome overturn the verdict against  Rapidgator ( cyberlocker)  Seizure.

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 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
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