AGCOM, with decision no. 143/25/DDA, ordered the precautionary disabling of access to a website that offered services constituting copyright infringement relating to a significant amount of musical works.
In particular, the site offered a “stream ripping” service, which allows users to create a permanent copy in mp3 format of any digital work by entering the relevant video streaming link. In summary, therefore, the service transforms what would be legally available only in the form of temporary reproduction (streaming) into a permanent copy, replacing the possible purchase of a legal copy.
On this basis, AGCOM ordered the blocking of the DNS resolution of the site and all future domain names of the same site (so-called “dynamic injunction,” provided for in Article 9-bis of the Regulation on the protection of copyright on electronic communications networks), considering that the requirements for recourse to precautionary proceedings were met.
In particular, the periculum in mora was identified in the economic value of the infringed rights, as the repertoire downloadable via “stream ripping” is potentially unlimited, while the proof of fumus boni iuris was identified in the profit motive pursued by the site, represented by the use of advertising banners present at every stage of the service.
