The
Pirate Bay has successfully appealed the decision of an Italian judge
who had ordered ISPs to block access to the popular BitTorrent tracker
last month. The Court of Bergamo decided that this block was unlawful,
and that Italian users should regain access to the site.
This August, out of nowhere, The Pirate Bay was “censored” in Italy
following a decree from a public prosecutor. The block didn’t prove to
be particularly effective, as traffic from Italy only increased.
Nevertheless, The Pirate Bay was determined to reverse the decision, and
in that mission they have succeeded.
The Court of Bergamo has now lifted the block, and ISPs are again
allowed to grant their users access to the most frequently used
BitTorrent tracker on the Internet. More details on the decision, and
the reason why the block was reversed, will be made public later.
Update:
Pirated Legal Explanation
11th October 2008
The Court of Bergamo decided that this block was unlawful, and earlier
this week they explained why. According to the court statement
(Italian), no criminal court is allowed to issue an order to ISPs to
block traffic to a foreign website, based on alleged copyright
infringement. Italian law implements an European Directive, 2000/31 CE,
which this means that this ruling should be valid in other European
countries as well.
Under Italian law, this is possible only for child porn and for
unauthorized gambling, but there is no such provision for copyright
infringement, Pirate Bay’s lawyers Giovanni Battista Gallus and
Francesco Micozzi explained to TorrentFreak.
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