Italian Supreme Court on peer-to-peer
Italy - A recent decision of the Court of Cassation has acquitted two students of the Faculty of Engineering of the University of Turin, who have uploaded on a computer of their faculty some copyrighted software. These two students managed a server FTP, which is a technology that deeply differs from the peer-to-peer technology.
The judges held that the concept of “gainful intent”, mentioned by article 171-ter of the Italian Copyright Law, must necessarily consist in a patrimonial benefit and not merely in a generic benefit.The association FIMI strongly remarked that this decision does not change anything in peer-to-peer regulation in
Italy. In fact, in this case, judges held on an infringement committed in 1999, before the modifications of the Italian copyright law of 2004. Also SIAE has condemned the Court of Cassation decision. According to this association, the court misinterpreted the law. In fact, they point out that uploading does represent an economic benefit in any case, even if the user does not earn money. Then, there is a “gainful intent” even if there is not a direct financial benefit.
The judges held that the concept of “gainful intent”, mentioned by article 171-ter of the Italian Copyright Law, must necessarily consist in a patrimonial benefit and not merely in a generic benefit.The association FIMI strongly remarked that this decision does not change anything in peer-to-peer regulation in
Italy. In fact, in this case, judges held on an infringement committed in 1999, before the modifications of the Italian copyright law of 2004. Also SIAE has condemned the Court of Cassation decision. According to this association, the court misinterpreted the law. In fact, they point out that uploading does represent an economic benefit in any case, even if the user does not earn money. Then, there is a “gainful intent” even if there is not a direct financial benefit.
Posted by in 08:52:53
