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Case C-265/16: Request for a preliminary ruling from the Tribunale ordinario di Torino (Italy) lodged on 12 May 2016 — VCAST Limited v R.T.I. SpA
ECLI:EU:UNKNOWN:62016CN0265
62016CN0265
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Valentina R., lawyer
25.7.2016
EN
Official Journal of the European Union
C 270/30
(Case C-265/16)
(2016/C 270/34)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: VCAST Limited
Defendant: R.T.I. SpA
Questions referred
1.Are national rules prohibiting a commercial undertaking from providing private individuals with so-called cloud computing services for the remote video recording of private copies of works protected by copyright, by means of that commercial undertaking’s active involvement in the recording, without the rightholder’s consent, compatible with EU law, in particular with Article 5(2)(b) of 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, (as well as Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market)?
2.Are national rules which allow a commercial undertaking to provide private individuals with so-called cloud computing services for the remote video recording of private copies of works protected by copyright, even where the active involvement of that commercial undertaking in the recording is entailed, and even without the rightholder’s consent, against a flat-rate compensation in favour of the rightholder, in essence subjecting the services to a compulsory licensing system, compatible with EU law, in particular with Article 5(2)(b) of 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 (as well as Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market and the founding Treaty)?
Language of the case: Italian
(1) OJ 2001 L 167, p. 10.
(2) ‘Directive on electronic commerce’, OJ 2000 L 178, p. 1.