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Legal File Sharing in Italy

An Italian court ruled that file sharing is legal

By Bogdan Popa, Security and Search Engines Editor

26th of January 2007, 11:01 GMT

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File sharing is one of the most important problems for all companies that are developing software solutions or other files that can be distributed via this method. That's why several applications and services that allowed users to share programs and other important files were blocked and banned from using the internet but sometimes, this isn't enough to block an entire phenomenon.

As you may know, many internet providers are currently restricting access to the most
popular file sharing application by blocking their internet ports. Although the data distribution is often regarded as an illegal activity, there are several situations when file sharing is at least useful.

The cases when multiple persons are sued for file sharing are many, the users being accused of illegal file distribution that can influence the profits of a certain company. One suitable example can be represented by a case of two students from Turin Polytechnic Institute that were sued for illegal duplication and were sentenced to 1 year in prison.

Today, an Italian court ruled that file sharing is not illegal as long as the users are not distributing cracked copyright files or they are not gaining any profit by using these activities.

"Italy's highest criminal court has ruled that file sharing is legal, so long as the participants are not profiting from the activity. However, the court has now ruled that, so long as no profit is made from sharing, there is no case to answer.

This sentence marks an important step in that peer-to-peer per se is not an illegal activity. What stays and remains illegal is copyright infringement by cracking copyright files, and distributing it for commercial purposes.

But the findings are now in dispute as Italy has since introduced a law to make the file sharing of copyrighted material illegal and punishable by fines or imprisonment," Vnunet reported.


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