Posted on 01/22/2007 9:37:07 AM PST by fight_truth_decay
ROME — In a blow to Italy's ongoing campaign against digital piracy, a high level Italian court has ruled that the unauthorized downloading of copyrighted movies, music and video games is not a crime if the downloader does not profit from the action.
In 2005, a court in Turin sentenced two men to jail time and issued them several hundred euros in fines for taking control of a computer server at the Turin Polytechnic Institute and using it to store and distribute various copies of video games, films and CDs. Last week, an Italian Supreme Court judge overturned the sentence saying the act wasn't criminal because the duo saw no commercial gain.
The ruling comes at a difficult time as Italian authorities continue to struggle against film and music piracy from organized crime groups and individuals.
The Silvio Berlusconi government in 2003 passed one of Europe's toughest copyright laws, modeled on the EU's copyright directive, passing down stiff fines for commercial pirates and individual downloaders. But, critics lament, the law is rarely enforced.
FIMI, Italy's trade group for professional musicians, on Monday downplayed last week's court decision saying the Turin judgement will have little impact on the current anti-piracy law as the two men were charged under an older, weaker law.
Still, as Italian media observers point out, last week's legal decision is one of the few to have reached the Italian Supreme Court.
So profiting is bad, but stealing is ok.
I guess shoplifting is probably ok too as long as you don't resell the stolen goods at a profit.
Just because it is not a crime doesn't mean it's not illegal, though.
In realted news, RIAA prepared for a nuclear strike on Rome.
Get ready for increased access fees and taxes however.
The industry survived video taping when VCR's where a new item, and it will just have to learn to adapt to this.
One good side: Paying $$millions to idiot rappers should certainly be curtailed when all their 'gansta' followers do what the lyrics say and steal the so-called music instead of paying for it.
Well, even over here I think the RIAA generally only goes after the people making music availabale for uploading, not the downloaders.
Detective:This is the home of Lars Ulrich, the drummer for Metallica. Look. There's Lars now, sitting by his pool.
Kyle: What's the matter with him?
Detective: This month he was hoping to have a gold-plated shark tank bar installed right next to the pool, but thanks to people downloading his music for free, he must now wait a few months before he can afford it. Come. There's more. Here's Britney Spears' private jet. Notice anything? Britney used to have a Gulfstream IV. Now she's had to sell it and get a Gulfstream III because people like you chose to download her music for free. The Gulfstream III doesn't even have a remote control for its surround-sound DVD system. Still think downloading music for free is no big deal?
Kyle: We... didn't realize what we were doing, eh...
Detective: That is the folly of man. Now look in this window. Here you see the loving family of Master P. Next week is his son's birthday and, all he's ever wanted was an island in French Polynesia.
Kyle: So, he's gonna get it, right?
Detective: I see an island without an owner. If things keep going the way they are, the child will not get his tropical paradise.
Stan: We're sorry! We'll never download music for free again!
Detective: Man must learn to think of these horrible outcomes before he acts selfishly or else... I fear... recording artists will be forever doomed to a life of only semi-luxury.
It's all free, man! I mean, it's like music, you know! And music is just, like, freedom, you know, man! And freedom is free, you know, and like it's like the free spirit i all of us and like, I shouldn't cost anybody anything, like is't free, youknow!.......man, see?.........
Yeah, somehow they will have to offset these losses through uncontrolled and uncontrollable outlets by raising increased revenues from those outlet which can be controlled. Radio playlists, restaurant and bar licensing, etc. It will affect everyone, I guess, in one way or another. If things reach the point where the creators of these various intellectual properties can't receive just compensation, things would shut down. Not that I think a whole lot of what's out there is worth much anyway, but that's probably just because I'm a cranky old man.
hahahaha
I'm stating to change my mind about foreign law. Maybe our SC should take a look at this.
:)
If I had to pay $1500.00 a year for unrestricted media access-cell phone, all the movies, games, music, news, cable TV I could download or otherwise consume-it would be a bargan-and the creators would make a nice chunk of change.
Like it or not-"FREE" will be the norm.
If something costs nothing, then its value equals its worth.......
That would be a bargain, I agree.
They do sue a small number of downloaders to discourage others from doing so.
Seems to me that if I download something for free, instead of having to shelve out $15 for it, I've made a $15 "profit."
It's a new paradigm, however money will be made and those thinking out of the box are making it. The old way of doing business in the media world is dead.
A fool and his money are soon parted. There's a sucker born every minute. The beat goes on.............
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