|Puzzling level of aggressiveness |
in guy's expression
After the decisions against video sharing platforms Break [noted here] and Kewego [noted here], this time it was the turn of streaming platform Megavideo [shut down in Italy since 2012] to be found ineligible for safe harbour protection pursuant to Article 16 of Decreto Legislativo 70/2003 [by which Italy implemented Article 14 of the Ecommerce Directive into its own national law].
The case is: Tribunale di Roma, Reti Televisive Italiane spa v Megavideo Ltd, decision 14279/2016, published 15/07/2016.
In a decision published last Friday and made available and commented on very useful Italian IP resource Marchi&Brevetti, the Rome Court of First Instance put the word 'end' [at least for the time being] to yet another set of proceedings brought by RTI - Reti Televisive Italiane (owned by broadcasting company Mediaset) against a number of online intermediaries over the unauthorised making available of TV programmes it produces.
RTI had sued Megavideo before the Rome court seeking among other things: (1) a declaration that the latter, by allowing third parties to make available its own TV programmes, had infringed its broadcasting rights and committed acts of unfair competition [the latter claim was eventually dismissed]; (2) an order to remove and disable access to all TV programmes made available without its authorisation; (3) and damages for at least EUR 100m.
The defendant decided not to take part in the proceedings.
Why Megavideo is not a passive host
Further to a number of preliminary remarks, the court considered whether Megavideo's activity could be regarded as akin to that of a hosting provider within Article 16 of Decreto Legislativo 70/2003, so to benefit from the exemption from liability envisaged therein.
The court ruled out that Megavideo could enjoy such protection, and did so for a number of reasons:
- The files available on its platform could be streamed by an indeterminate and potentially high number of persons;
- The contents available on its platform were organised in categories;
- Megavideo engaged in an intensive advertising activity through banners of different types and formats, available within the home page and internal pages alike;
- The advertising content varied depending on the geographic location of the user of the platform;
- The platform allowed a limited viewing of the various contents: limitations could be however overcome by purchasing subscriptions advertised on the platform itself.
|Too shy to include URLs?|