Download music from the internet is no longer a crime ... but they face fines starting at 154 Euro ...
(Adapted from anti-phishing.it) - March 2007 - The FIMI, the Italian Music Industry Federation, member of Confindustria, on the sidelines of the press release with whom he had announced the latest wave GDF complaints regarding copyright, said indichiarabile. "Recently the press spread the news that they had mistakenly download and share music online without any profit motive does not give rise to criminal violations," says at one point the statement of FIMI, so go to "those who could simply download a penalty administrative, that under Article. 174-b l. 633/41.
In essence, the FIMI points out, what is worse is not so much to download, share. Indeed, while a mere downloading provides administrative penalty of EUR 154 (1032.00 becoming in case of repeated or made quantitatively relevant) as well as confiscation of equipment and technology used in publishing the name in a national newspaper, sharing aspects assume a purely criminal sanctions.
It must be distinguished, the FIMI states, "Among those who do it for profit and who does it for profit." In the first case, the case falls within the art. 171-ter, paragraph 2, lett. a-bis) of Law No 633/41 (which punishes transgressors with imprisonment from one to four years together with a fine ranging from 2,582 to 15,493 €) for the latter - or where there is no aim for profit, and then there is only profit-should apply the penalty provided by art. 171, paragraph 1, lett. a-bis) (punishing offenders with non-custodial penalty of a fine ranging from € 51 to € 2065).
What the FIMI does not say - and hence the risk of a misunderstanding that could certainly be avoided - is that generally most of the file sharing systems allow downloading only if the user makes the uploading of files it comes from, or which, however, share resources with other users of the platform.
Thus the hypothesis of just downloading, not subject to criminal, school becomes a mere hypothesis. This is the second part of the release of FIMI "With this rises to over 170 the number of people prosecuted for illegally sharing music online in Italy since 2005, in violation of the force and punish the dissemination of works protected by copyright.
Recently the press spread the news that they had mistakenly download and share music online without any profit motive does not give rise to criminal violations. At this new operation against illegal file-sharing, FIMI wants to reiterate what the behavior to be criminal law, apart from the profiles of civil liability, always protected, and confirm that the rules in force affecting, with varying levels of intensity both downloaders and sharers.
Who could simply download an administrative penalty, that under Article. 174-b l. 633/41. He who puts in sharing copyright works should, however, distinguish between those who do it for profit and who does it for profit in the first case, it falls in the cases of Article. 171-ter, paragraph 2, lett. a-bis) l. 633/41, with very heavy penalties .. Those who share no financial consideration is subject to a penalty that is art. 171, paragraph 1, lett. a-bis). [Article added March 22, 2007]
taken from webprior.it
In essence, the FIMI points out, what is worse is not so much to download, share. Indeed, while a mere downloading provides administrative penalty of EUR 154 (1032.00 becoming in case of repeated or made quantitatively relevant) as well as confiscation of equipment and technology used in publishing the name in a national newspaper, sharing aspects assume a purely criminal sanctions.
It must be distinguished, the FIMI states, "Among those who do it for profit and who does it for profit." In the first case, the case falls within the art. 171-ter, paragraph 2, lett. a-bis) of Law No 633/41 (which punishes transgressors with imprisonment from one to four years together with a fine ranging from 2,582 to 15,493 €) for the latter - or where there is no aim for profit, and then there is only profit-should apply the penalty provided by art. 171, paragraph 1, lett. a-bis) (punishing offenders with non-custodial penalty of a fine ranging from € 51 to € 2065).
What the FIMI does not say - and hence the risk of a misunderstanding that could certainly be avoided - is that generally most of the file sharing systems allow downloading only if the user makes the uploading of files it comes from, or which, however, share resources with other users of the platform.
Thus the hypothesis of just downloading, not subject to criminal, school becomes a mere hypothesis. This is the second part of the release of FIMI "With this rises to over 170 the number of people prosecuted for illegally sharing music online in Italy since 2005, in violation of the force and punish the dissemination of works protected by copyright.
Recently the press spread the news that they had mistakenly download and share music online without any profit motive does not give rise to criminal violations. At this new operation against illegal file-sharing, FIMI wants to reiterate what the behavior to be criminal law, apart from the profiles of civil liability, always protected, and confirm that the rules in force affecting, with varying levels of intensity both downloaders and sharers.
Who could simply download an administrative penalty, that under Article. 174-b l. 633/41. He who puts in sharing copyright works should, however, distinguish between those who do it for profit and who does it for profit in the first case, it falls in the cases of Article. 171-ter, paragraph 2, lett. a-bis) l. 633/41, with very heavy penalties .. Those who share no financial consideration is subject to a penalty that is art. 171, paragraph 1, lett. a-bis). [Article added March 22, 2007]
taken from webprior.it
0 comments:
Post a Comment