CloudFlare’s appeal against a preliminary injunction directing it to stop offering its public DNS service to three infamous BitTorrent sites that local telecoms regulator AGCOM had earlier ordered to be blacklisted was rejected by the Court of Milan. The court was petitioned earlier this year by IFPI, the organization’s national group FIMI, and the Italian anti-piracy organisation FPM to take action against CloudFlare on behalf of IFPI member firms in Italy.
The original action filed against CloudFlare earlier this year by its member companies in Italy was organised by IFPI, the organisation that represents the music industry globally.
The well-known service provider Cloudflare recently lost its appeal against an Italian blocking order. As a result, it is now required to prohibit three torrent websites or risk financial penalties. Despite the fact that this is a victory for the Italian and global music industries, Cloudflare considers such a step to be problematic and ineffective. It also claims that it might create a risky precedent in the fight against piracy.
In Italy, this is the first instance of a DNS provider being the target of anti-piracy judicial action. It’s novel for Cloudflare as well because they have never had such a blocking order before.
There is no denying that the war on piracy is becoming increasingly effective and setting the stage for future actions. The CEO of Italian music industry group FIMI Enzo Mazza said: “This is an important decision for Italy and beyond. “Cloudflare, as well as other intermediaries providing similar services, should step up their efforts in preventing users access to illegal websites which were ordered to be blocked.”
According to Frances Moore, CEO of the International Federation of the Phonographic Industry, said that Cloudflare’s services were enabling users to access copyright-violating websites that deprive those who invest in and produce music of their earnings. The Court of Milan has established an important precedent by upholding the initial decision against Cloudflare that online intermediaries might be forced to take appropriate action if their services are utilised for music infringement.
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