On this crucial point, Kisstube’s lawyer, Fulvio Sarzana, told Ars in an e-mail that “the judge has assessed that there was no evidence of illegality of the link” on Kisstube’s site, because it had received no “notice and takedown request.”
He pointed out that “YouTube has a notice system based on the US DMCA,” but had not decided to act. Given that there was no indication that the hyperlinks were to illegal material, the court determined that the BestWater ruling applied, and Kisstube’s site did not infringe on copyright.
follow on http://arstechnica.co.uk/tech-policy/2016/12/italy-copyright-infringement-website-block/
