Thursday, May 22, 2014

The Court of Torino Confirms the trend on YouTube's Responsibility for Copyright Infringement


The Specialized Section of the Court of Torino, by order dated May 5, 2014 , dismissed the claim filed by Delta TV aimed at obtaining an injunction against Google and YouTube.

The case concerns a number of episodes of South American soap operas illegally uploaded on YouTube, which, thanks to the close ties between Google and YouTube, were among the first results which came out on the well-known search engine.

Delta TV has therefore sued Google and YouTube for copyright infringement of a claim of more than EUR 13 million and an injunction to remove all the realted videos from YouTube.

The Court of Torino has rejected Delta Tv’s claims on the basis of Articles 16 and 17 of Legislative Decree no. n . 70/2003 and by recalling case law of the Court of Justice of the European Union (in particular , the SABAM / Scarlett judgment of 24 November 2011 ) , stating that an ISP has no obligation to determine in advance whether the content uploaded by users infringe the legitimate rights of third parties and shall be liable only if, at the time it becomes aware of such infringement, it does not act expeditiously to remove or disable access to illegal content.

No comments:

Post a Comment