Cloud computing the judgement by the EU Court of Justice
On 29 November
2017 the Court of Justice handed down its ruling in the proceedings VCAST
Limited v. R.T.I. s.p.a. (Case C-265/16).
On 7 September
2017the EU Advocate General stated in its opinion that “cloud computing”,
relates to the access, through a telecommunications network on demand, to
shared computer resources where, unlike the conventional ways of registration
and reproduction the end-user does not purchase or hire the material computing
devices, but it uses the computing service and infrastructure provided by a
Therefore in his
opinion this matter could not be considered an exception for private copies of
works protected by copyright and therefore considered lawful.
The Court of
Justice has shared these conclusions and has clarified that the video
registration in cloud cannot be considered lawful if carried
out with the “active” intervention of third parties.
In confirming this, the Court
of Justice has pointed out that the regime of exceptions and limitations to
copyright provided under art. 5 of the Directive 2001/29 (InfoSoc) must be
interpreted in a restrictive way and hence, the so-called exception of private
copying (art. 5(2)(b), of the Directive) “must not be interpreted in away
which imposes the copyright owner to tolerate, beyond such limitation expressly
provided for, infringements of its rights through the realization of private