The Appeals Court in Rome has ruled that a ban on the site Filmakerz.org must be lifted as the details of the ban were too broad and vague. The court went onto say that is preferable to block specific URLs rather than entire sites.
From now on Italian users will be able access Filmakerz.org. The ban was put in place last month by The Public Prosecutor of Rome, along with 45 other sites that were believed to be involved in piracy and infringing on copyright.
Filmakerz took the decision the court of appeals, which has now ruled in its favor.
The ruling is an important precedence as it was ruled that ban unfairly blocked legitimate content and prosecutor must now also present proof that the site is run on a for-profit basis.
Italy’s Il Fatto reported below (translated from Italian):
“The Court of Appeals of Rome has made two important statements: the first is that the purpose of profit must actually exist for the granting of the measure. In other words, the placing on the content network protected by copyright must represent an actual profit to those who invoke it. In the absence of such a requirement is missing in the abduction in the root prima justifying the disqualification.
“The second is that the partial seizure (ie, the individual work) is to be preferred to the seizure of the entire site, so as not to be subjected to inhibit parts of the site that contain legitimate content . This passage evidently refers to the order of the recent case law of the Court of Justice in the case Telekabel.”
Fulvio Sarzana, the legal counsel that represented Filmakerz, stated that the decision is a big blow to censorship.
“The verdict is important because it shows that the order to block a site should be carefully decided, and is also important in the light of AGCOM rules,” he said.