A unique decision by an Italian Court on online streaming.

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.