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Case C-265/16: Judgment of the Court (Third Chamber) of 29 November 2017 (request for a preliminary ruling from the Tribunale ordinario di Torino — Italy) — VCAST Limited v R.T.I. SpA (Reference for a preliminary ruling — Approximation of laws — Copyright and related rights — Directive 2001/29/EC — Article 5(2)(b) — Private copying exception — Article 3(1) — Communication to the public — Specific technical means — Provision of a cloud computing service for the remote video recording of copies of works protected by copyright, without the consent of the author concerned — Active involvement of the service provider in the recording)
ECLI:EU:UNKNOWN:62016CA0265
62016CA0265
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Official Journal of the European Union
C 32/3
(Case C-265/16) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Approximation of laws - Copyright and related rights - Directive 2001/29/EC - Article 5(2)(b) - Private copying exception - Article 3(1) - Communication to the public - Specific technical means - Provision of a cloud computing service for the remote video recording of copies of works protected by copyright, without the consent of the author concerned - Active involvement of the service provider in the recording))
(2018/C 032/03)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: VCAST Limited
Defendant: R.T.I. SpA
Operative part of the judgment
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, in particular Article 5(2)(b) thereof, must be interpreted as precluding national legislation which permits a commercial undertaking to provide private individuals with a cloud service for the remote recording of private copies of works protected by copyright, by means of a computer system, by actively involving itself in the recording, without the rightholder’s consent.
(<span class="note">1</span>) OJ C 270, 25.7.2016.