Volume V

Issue : 3: February 8, 2007

• Israeli Court Rules Operation of Foreign Gambling Website a Criminal Offence Under Israeli Law
• Patents for Dynamic Web Pages Undergo Re examination
• Federal Court Awards Maximum Statutory Damages for Copyright Infringements
• Political Attack TV Ads Potentially Breach Copyright Act
• New Jersey Appeals Court Strengthens Privacy Rights of Internet Users
• U.S. First Sale Doctrine Applies to Audiobooks
• eBay Bans Auctions of Virtual Goods
• U.S. Courts Frequently Cite Wikipedia
• Italian Court Decriminalizes Not for Profit Downloading
• WTO Finds U.S. Non-Compliant with its Internet Gambling Decision
• Canadian Tax Authorities to Use Software to Catch Online Tax Evaders
• U.S. Court of Appeals Rejects Bid to Overturn Copyright Extensions for "Orphaned" Works

Home > Volume V > Issue 3: February 8, 2007 > Italian Court Decriminalizes Not for Profit Downloading

Italian Court Decriminalizes Not for Profit Downloading

Recently, Italy’s highest criminal court ruled that downloading was not a crime, as long as the intent was not to make profit. The Court overturned convictions of two former university students who, in 1994, set up a peer-to-peer file sharing network. Although the network was shut down in only a few months, they were both given one year sentences. On appeal, the sentences were subsequently reduced to three months, and the convictions were eventually tossed out by the highest criminal court.

However, analysts are quick to point out that copyright infringement such as cracking copyright files and distributing them for commercial purposes, although decriminalized, is still illegal. Moreover, the Italian agency, SIAE, which monitors copyright issues, states the ruling is somewhat academic, since the case predates current legislation, which already imposes a fine on anyone who shares, with or without profit, copyrighted materials over the Internet.

For additional information, visit:

http://www.siliconvalley.com/mld/siliconvalley/news/editorial/16520198.htm