The Pirate Bay may be banned in Italy

By EDRi · October 7, 2009

This article is also available in:
Deutsch: [The Pirate Bay könnte in Italien verboten werden | http://www.unwatched.org/node/1540]

An appeal won on 24 September 2008 against the decision of the Italian court
enforced on 10 August 2008 ordering the seizure of The Pirate Bay (TPB) in
Italy, has been reversed by the Italian Court of Cassation.

The Order of the Justice for preliminary investigation of the Court of
Bergamo issued on in August 2008 was asking for the “seizure” of the
PirateBay website for displaying links to allegedly illegal duplicated
material and was forcing Italian ISPs to block the access to that site.
Following the EDRi-member ALCEI report to the Italian Data Protection
Authority showing violations of the law in the seizure order, the Bergamo
Criminal Court overruled the seizure but only on a procedural basis. Now the
Italian Court of Cassation has addmitted the recourse of the Bergamo
Prosecutors and has decided to send back the case to the first comptent
court.

TPB can once again be blocked in Italy, to the satisfaction of FIMI, the
major representative body of the Italian record labels which, early this
year, together with anti-piracy organisation FPM, filed a 1 million euro
damages lawsuit against the site on behalf of the Italian music industry.

In the meantime in Sweden, in TPB’s appeal case against the ruling from
April 2009, judge Fredrik Niemelä has been disqualified by the Appeal
Court from the hearing planned for November 2009 for holding stock options
in Spotify digital music service.

Italian Appeals Court Rules against Pirate Bay (1.10.2009)
http://www.billboard.biz/bbbiz/content_display/industry/e3ie41d1967dbc1d096568ef12b2176a1e5

Cassation: The un-seizure of TPB is revised (only in Italian, 30.09.2009)
http://punto-informatico.it/2718088/PI/News/cassazione-dissequestro-della-baia-va-rivisto.aspx

Baia, the judge takes sides. But with whom? (only in Italian, 30.09.2009)
http://punto-informatico.it/2717757/PI/News/baia-giudice-parte-ma-quale.aspx

EDRi-gram: An update on the Italian PirateBay case (8.08.2009)
http://www.edri.org/edrigram/number6.19/update-piratebay-italy