Share This Article
We had previously reported of the siezure by Italian courts of 27 websites as through such websites it was possible to download illegal copies of the movie A Monster in Paris. Now the court of Rome (Italy) held that the seizure of the website Rapidgator was not justified.
The reasoning on which the court based its decision was that the seizure of the website (i.e. the blocking of the access to the website from Italian IP addresses through the filtering of domain names and DNS) was a disproportionate measure given that only one movie could be illegally downloaded. As a consequence, the order of seizure of the website was overturned and the access to the same has to be restored.
The reasoning on which the court based its decision was that the seizure of the website (i.e. the blocking of the access to the website from Italian IP addresses through the filtering of domain names and DNS) was a disproportionate measure given that only one movie could be illegally downloaded. As a consequence, the order of seizure of the website was overturned and the access to the same has to be restored.
This is an interesting decision as we do not recall precedents in which courts decided the level of breach necessary to trigger such seizure measure. Indeed, someone might argue that even 1,000 movies illegally downloadable from a website might be a very limited number compared to the entire Internet and therefore it will be interesting to see how the principle set out in this decision will be applied in the future, bearing in mind that precedents are not binding in the Italian legal system.
What is your view on the above? Feel free to contact me, Giulio Coraggio, to discuss.
Image courtesy of Flickr
Image courtesy of Flickr
(Visited 1 times, 1 visits today)
