Bollini, again beaten in Italy http://punto-informatico.it/2466243/PI/News/bollini-siae-nuovamente-battuta-italia.aspx
by Rome - It is a dark period for the SIAE. Flags the works protected by copyright, which ensure a flow of millions of euro into the coffers of the Society of Authors and publishers have been defeated once again, or rather it was made clear once again their role in peripheral, non-need adoption. It happened to Cesena, with a decision of the Local Court, with which he was acquitted a businessman who had been criticized for marketing in Italy of CD-ROM free sticker.
a label - by the magistrate Civile.itSecondo Cesena Barbara De Virgiliis do not apply the criminal laws that provide for the compulsory SIAE. As say the site of the SIAE SIAE and the same is already within easy reach of the second sound rejection for the "system of stamps" that not only has virtually no equal in Europe but that is increasingly being experienced by publishers and distributors as a harassment.
Italian judge's decision is not surprising: in Europe, SIAE stickers have already come under the ax of the Court of Justice. In this case, then, has been accepted Cesena Att. Sirotti Gaudenzi, which for years has followed the trial of businessman Karl Josef Wilhelm Schwibbert. Distributor of CD-ROM with no label, Mr. Schwibber had to go to trial nine years before leaving in triumph from the case.
Not surprisingly, too, because already in recent months the Supreme Court had put the sentence Schwibber Court of Justice as the basis of the principle that individuals are just unenforceable against the criminal laws on compulsory sticker. The Court of Cesena, in line with the decision of the Court in Luxembourg, the sanctions are invalid as regards the lack of SIAE.
What has been decided in Cesena, therefore, is not the consequence of the fact that in 2004 that his court had asked the Court of Justice to give an opinion on the matter of the label to see if it was in line with EU laws and regulations. At that time, as readers will recall Point Computer, Sirotti Gaudenzi had cornered stickers explaining that their introduction was a real "Technical regulation", introduced as such in breach of European regulations. For
Schwibbert, therefore, everything ends up in the best possible way. Avoid sanctions and is also free from the complaints that had come from the Prosecutor's Office. The costs of the proceedings shall be borne by the Italian State and of the SIAE, the two subjects who lost in the Court of Justice.
