The Pirate Bay was first ‘censored’ in Italy in the summer of 2008, when ISPs were ordered to prevent millions of Italians from accessing the world’s largest BitTorrent tracker.
The Pirate Bay chose to appeal the decision and eventually won the court case. The Court of Bergamo ruled that no foreign website can be censored for alleged copyright infringement and the block was lifted temporarily as the case was appealed once again.
A few weeks ago the Supreme Court reviewed the case and ruled that ISPs can be forced to block BitTorrent sites, even if they are not hosted in Italy or operated by Italian citizens. According to the decision by the Supreme Court, sites offering torrent files that link to copyrighted material are engaging in criminal activity.
This week the case once again appeared before the Court of Bergamo where it was decided that all Italian ISPs will have to deny their customers access to The Pirate Bay.
Pirate Bay lawyers Giovanni Battista Gallus, Giuseppe Campanelli and Francesco Micozzi told TorrentFreak that the Court followed the same reasoning as the Supreme Court, and deemed it unnecessary to bring the case before the European Court of Justice.
According to the two lawyers The Pirate Bay is still considering whether to appeal this decision or not, but that will not prevent or delay the block. “We don’t know when Italian ISPs will begin to re-apply the Pirate Bay filters, but we think that this will happen very soon,” Micozzi commented.
Aside from appealing to the Supreme Court, the Pirate Bay’s legal team is also considering bringing the case before the European Court of Justice.
It is doubtful that the verdict will have a strong impact on the piracy rate in Italy. The proposed DNS-filtering scheme can be easily bypassed by Pirate Bay users and there are hundreds of alternative torrent sites that can replace The Pirate Bay.
