Une décision inédite rendue par un tribunal italien concernant le streaming en ligne.

Uploading films protected by copyright  on the internet is not in itself an illegal activity. This is what has recently ruled a minor Court in Italy, which cancelled an administrative fine of more than 550 thousand euro issued against a website which allowed visitors to watch online pirated movies. 

In particular, the italian judge upheld an action against a decision of 2015, according to which the manager of the website was fined for copyright violation. According to the Italian Court a copyright violation through a web-site that host links to movie and music streaming is not automatic, but it requires an investigation to establish the existence of a scope of profit, as stated under article 171 of the Italian Copyright Law. In this case, the judge has ruled against the existence of a scope of profit, notwithstanding the existence of banners . According to the Court sharing files protected by copyright, allows the owner to save expenses and is not an activity which contains a scope of profit.