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.
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