• Cloudflare ordered to disconnect the pirate site Guardaserie.
• Issue raises questions about its responsibility in preventing online piracy.

In a recent ruling, the Court of Rome ordered Cloudflare, an internet infrastructure business, to take decisive action against one of its clients, the pirate streaming platform Guardaserie. The ruling requires Cloudflare to disconnect the site from its services and block all linked domain names, including any future domains established to circumvent the initial block. Additionally, the court instructed Cloudflare to provide any identifying information that could help uncover the identity of the operators behind the site, marking a significant legal development in the ongoing battle against online piracy.

Cloudflare, well-known for providing internet security and performance services to millions of users worldwide, serves a diverse range of customers. They include major corporations, governments, and small businesses. However, some of its customers, such as Guardaserie, have received criticism. Pirate websites frequently use Cloudflare’s services to obscure their actual hosting locations, making it difficult for rights holders to identify and prosecute the operators of the servers responsible for illegal operations.

The push for accountability in online piracy

For years, rights holders, particularly broadcasters and content creators, have pressed Cloudflare to take a more active role in combating piracy. Their main issue is that by providing services to particular websites, Cloudflare effectively shields pirate operators from enforcement actions. Without knowing where pirate content is hosted, copyright holders have significant challenges when attempting to take legal action against sites that distribute unlicensed streaming or downloads of their content.

Cloudflare has maintained a neutral stance on the issue, claiming that because it does not actively host content, it cannot be held liable for its customers’ actions. However, Cloudflare has cooperated in some cases, giving customer information to rightsholders under certain conditions, such as when served with a Digital Millennium Copyright Act (DMCA) subpoena. Nonetheless, the company has yet to terminate any customer solely based on copyright complaints, causing growing frustration among copyright holders.

The growing frustration reached a tipping point earlier this year when RTI, an Italian broadcaster, decided to take legal action against Cloudflare. RTI sought to compel Cloudflare to cease providing services to Guardaserie, a site that offers access to pirated TV streams. Although Guardaserie had already been blocked by Italian internet service providers (ISPs), it continued to operate by frequently switching to new domain names. Each time a block was imposed, the site reappeared under a different URL, rendering enforcement efforts ineffective.

In its lawsuit, RTI asked the court not only to order Cloudflare to disconnect Guardaserie but also to block any connected domains, including those created in the future to evade blocking measures. RTI further requested that Cloudflare provide any information that could help identify the individuals or entities behind the site.

RTI informed the court that it had previously sent a cease-and-desist letter to Cloudflare, which had been ignored. The broadcaster supported its claims with an external report from SP Tech, which confirmed Guardaserie’s involvement in piracy. Despite Cloudflare’s absence from the court proceedings, the case moved forward.

Court holds Cloudflare liable

After reviewing the evidence, the Court of Rome concluded that Guardaserie had violated Italian copyright law and that Cloudflare could be held liable for enabling the site’s continued operation. The court noted that Cloudflare’s failure to act in response to RTI’s complaints made it more difficult for rights holders to effectively block pirate sites and identify their operators.

According to the ruling, Cloudflare acted as an intermediary by providing services that concealed the true locations of the pirate site’s servers. The court applied Article 156 of the Italian Copyright Law, which holds intermediaries liable if they contribute to copyright infringement by offering services that prevent the offending parties from being identified. The court ordered Cloudflare to stop providing services to Guardaserie immediately and to block all connected domains. This ruling extended to any future domains that Guardaserie might register. Additionally, the court mandated that Cloudflare disclose any account information that could assist RTI in identifying those responsible for operating the site.

Despite the court’s judgment, Guardaserie is still partially accessible through different domains, raising concerns about Cloudflare’s compliance. It’s probable that Cloudflare has challenged the verdict, which explains why the site is still operational. As of the time of writing, Cloudflare has provided no public indication of its next measures.

It is worth noting though that the court’s injunction contains a €1,000 daily fine if Cloudflare does not comply.

The ruling raises important questions about what responsibilities internet infrastructure providers have when it comes to piracy. The ruling from the Court of Rome could set the stage for future lawsuits seeking to hold intermediaries responsible for their clients’ actions.

Recent piracy enforcement in Italy

This is only one example of Italy’s increasingly aggressive anti-piracy stance. In recent months, Italian authorities have stepped up their efforts to ban access to pirate content, including targeting big sites like Google Drive. In an unsettling move, the rightsholders behind Piracy Shield, a mechanism intended to prevent access to pirated content, directed ISPs to ban Google Drive, creating considerable disruption.

The enforcement action, while intended to protect copyright holders, have sparked criticism for their heavy-handedness and lack of transparency. Italy’s Piracy Shield, run by private rightsholders, has been attacked for its opaque operations and the collateral damage caused by its blocking measures.!

The big question is, to what degree should internet infrastructure providers and platforms be held responsible for the content that their clients host or distribute? With increasing pressure from rightsholders, it appears that the legal landscape around piracy enforcement will continue to evolve, and the Cloudflare and Guardaserie case could foreshadow future challenges.

Looking to revamp your digital transformation strategy? Learn more about Digital Transformation Week taking place in Amsterdam, California, and London. The comprehensive event is co-located with AI & Big Data Expo, Cyber Security & Cloud Expo, and other leading events.

Explore other upcoming enterprise technology events and webinars powered by TechForge here.