The Italian government has issued a decree on Friday 12 March that puts a fine of 1.500 euro on the internet file-sharing of feature movies.

On top of the fine, computers and digital storage media can be seized. To complete the humiliation for the file-sharer, the sentence has to be published in 1 national daily newspaper and 1 specialised entertainment magazine. The Ministry of Culture Giuliano Urbani has mockingly declared this sanction 'symbolic'. Adding to that, in reference to peer-to-peer file sharing, Urbani said that 'multimedia piracy is a theft, and must be handled as such'.

Since its first draft, this legislative measure was strongly protested against by citizens, ISPs (forced to violate the privacy laws by spying and filing complaints against their customers), columnists and politicians. Service providers that have knowledge of a copyright violation but do not file an official complaint with the judicial authorities, risk a fine of between 25.000 and 250.000 euro.

A petition against the conversion of the decree into a regular law collected more than 22.350 signatures, and more than 2.000 comments were posted in the forum hosted by the popular technology e-zine Punto-Informatico.

According to user-group ALCEI the decree is part of a long list of laws and decree's in Italy that violate the spirit of internet, the liberty and fundamental rights of citizens. In its attempt to outlaw a broad and socially accepted behaviour it outdoes the recently approved European Directive on the Enforcement of Intellectual Property. The decree is formulated in such broad terms, that the Italian chapter of the Internet Society worries that the distribution of file-sharing software, and even the presentation of a hyperlink might be considered as promotions of crime, and therefore punished severely.

In fact, the decree makes it possible to punish intentions, rather than actual committed violations of copyright. "Even if such a breach of fundamental rights might be considered admissible in extreme cases like terrorism", ALCEI writes, "it is unacceptable in situations where there is no risk at all for the life and safety of people and institutions."

The decree has been approved only by the Ministers. It was published in the official State Journal on 23 March. It must be converted in a law by the Parliament within 60 days after publication, or will lose its effectiveness. The text now only refers to cinematographic works, but Minister Urbani has already announced that he will extend the scope of the decree to include music and software before it will become law.

The Internet Society adds that freedom of choice for Italian movie-fans is limited and prices are kept high. 70% of the movie-distribution market is in the hands of 5 major companies, only one of which is Italian.

The decree text (24.03.2004)
http://www.gazzettaufficiale.it/guri/atto_fs.jsp?sommario=true&ser...

Signatures against the decree
http://no-urbani.plugs.it/index.php

Comments Internet Society Italy (in Italian, March 2004)
http://www.isoc.it/documenti/com_urbani.php

ALCEI press release (in Italian, 15.03.2004)
http://www.alcei.it/news/cs040315.htm

(Contribution by Pinna, autistici.org/inventati.org - Italy)