Piracy, here’s what changes for those who follow illegal streaming football matches

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The game on TV or the pirated first-run movie will automatically stop a few minutes after it starts. The authorities blocked them in real time. And you know those huge collections of mp3s and mkv (film) files downloaded to your hard drive, terabytes of stuff painstakingly archived? Now they will cost us dearly – if we took those works illegally: 5,000 euros, five times as much as before.
These are the two main innovations that will arrive in the coming months, as far as normal users of pirated works are concerned, according to what can be read in a bill that has just been unanimously approved in the Chamber. Its definitive approval seems inevitable, so let’s see how it will change the lives of those internet users who have so far had a less than adamant relationship with copyright.

Which works and how

Let’s start by saying that the law covers all works subject to copyright. Films, music, matches, books, newspapers (…) and obtained in any way (illegally): in streaming (direct or not), from websites, via file sharing or otherwise. The new legislation thus fills an ambiguity that seemed exclude streaming from applicability (not mentioned in the regulations still in force, arrived in a pre-streaming era). Anti-piracy emergency intervention The regulation gives Agcom superpowers to block a stream before it is active or at the latest 30 minutes from departure , with immediate provision, for “cases of seriousness and urgency, which concern the making available of contents broadcast live, first visions of cinematographic and audiovisual works or entertainment programmes, audiovisual contents, including sports, or other similar intellectual works , sporting events as well as events of social interest or of great public interest”. Agcom will request the dns or IP block that allows access to that illicit content to internet providers. It will ask for its removal from the servers that host the file or transmit the live feed (which however is almost always in vain because they are located outside the EU) and for de-indexing from search engines. Result: it will become less possible to find it, especially through illicit means matches and other events in which there are big economic interests. And once they are found, there will still be the risk of an interruption at the climax.

Higher penalties for users

The legislation also changes in the sanctions envisaged for those who commit serious violations, for example for the quantity of works (there is no precise number) or for recidivism: now 5,000 euros. Before it was instead 1032 euros in these cases. It remains 150 euros for cases not considered serious. The rule also clarifies that this super fine also applies to online streaming and sharing services, whereas before (the one of 1032 euros) it was only for the presence of physical media. There is also the confiscation of products. In short, hard disks and computers. Be careful, though. Contrary to what is reported by various sources of information, the “legislation does not provide for prison terms for end users, under any circumstances”, explains Alfredo Esposito, an expert lawyer in digital copyright. In effect, it only provides for violations committed for profit (“imprisonment from 6 months to 3 years and a fine from 2,582 to 15,493 euros”). It does not apply then if there is only a personal interest (typically, saving purchase money). In the legislation (already now) the user of the so-called “pezzotto” is an exception, who risks higher penalties and sanctions having equipped himself with hardware.

Sanctions from 2,500 to 25,822 euros but also imprisonment from 6 months to 3 years.

According to the Cassation, the crime consists in the violation of the copyright law of 1941 – art. 171 octies l.633/1941, for , «anyone who for fraudulent purposes produces, sells, imports, promotes, installs, modifies, uses for public and private use equipment or parts of equipment suitable for the decoding of conditional access audiovisual transmissions made over the air, via satellite, via cable, in both analogue and digital form». In any case, the new legislation increases the penalties and sanctions envisaged for those who make money with these illicit products; it also offers new powers to Agcom also to affect its monetization. Also for these reasons therefore there should be, as an effect for end users, a reduced availability. The times But when will everything start? The publication in the official gazette should not be long in view of the almost obvious immediate approval also in the Senate. Subsequently, the rule provides for the need for a revision of the Agcom regulation within 60 days. It is easy to predict an impact already on the 2023-2024 football championship, among other things. But what is the end user really risking? they will or will be able to hit end users as well, in effect, applying the new important penalties for serious cases. They haven’t done it for many years (with the current legislation), preferring to focus on those who make money with illegal works. Once again, the “pezzotto” is an exception, due to the economic gravity of the case. Thousands of users are reported every year, who so far mostly got away with the old penalties (from 150 to 1032 euros). It is worth mentioning for the Cassation that in 2017 it confirmed a sentence of 6 months and 2,000 euros for a citizen of Palermo equipped with a piece.