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 2017
the 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 a
way which imposes the copyright owner to tolerate, beyond such limitation
expressly provided for, infringements of its rights through the realization of