I read yesterday that in Italy foreigners have to show a passport to use a computer in an Internet cafe.
The law
The claim that ALCEI formally filed on November 4th 2005 to the Commander in Chief of the Fraud Contrast Group of the Financial Police in Italy (Guarda di Finanza) points out that the behavior of whoever decided, inside Sony BMG Entertainment, to use such a dangerous DRM system (and of anybody else who behaves similarly) is criminally liable, besides being unethical and fraudulent. The possible charges range from arbitrarily “self-made” justice, intentional damage to computer systems, and diffusion of software that damages information and communication systems - all of which are criminal offenses under Italian law.
The irony of this case is that the promoters of criminal indictment could be subjected (much more correctly) to the same rigor that they have been unfairly and brutally inflicting on their customers. While absurd laws in Italy, inspired by the lobbying power of very large economic interests, are condemning the holding of copied material as a ferocious crime, a correct and considerate law states that willfully damaging computer systems, as well as making justice “on his own” without taking the issue into court , are criminal offenses that the public prosecutor must investigate.
Further more, criminal liability, in Italy, cannot be waived by offering a “remedy” after the fact, which may perhaps allow a lighter penalty at the end of the process, but in the meantime it is an explicit admission of guilt.
ALCEI’s action
On November 4 2005 ALCEI formally requested that the Financial Police identify the authors of the software, and those who made the willful decision of distributing it in a hidden form, and also detect if other organizations committed similar abuses. Now the law enforcement bodies must mandatorily start the investigations. This is the necessary preliminary phase of an action that intends to bring to criminal court anybody who, in Sony BMG Entertainment , has committed such illegal acts in Italy, as well as anyone else who helped in committing such crimes - or, in any other prduccircumstances, performed similar actions.
Underlines are mine. Entire release is here. Looks like the Italian justice system has no choice but to at least investigate.
I doubt that any Sony executives will be planning on vacationing or going to conferences in Italy any time in the near future.