The move overturns one of the 152 website blocks another court imposed last month, and ruled that that allowed the Italian site Kisstube to carry on as normal.
Kisstube is a YouTube channel, which also exists as a standalone website that does not host any content itself, linking instead to YouTube. Both the channel and website arrange content by categories for the convenience of users.
The Italian court’s decision was influenced by the Court of Justice of the European Union (CJEU) into an outfit called BestWater. In that case, the CJEU held that embedding or framing a video or image from another website is not copyright infringement if the latter is already accessible to the general public.
Another CJEU judgment, ruled that posting hyperlinks to pirated copies of material is only legal provided it is done without knowledge that they are unauthorised versions, and it is not carried out for financial gain.
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”.
YouTube has a notice system based on the US DMCA, it was not interested in acting against Kisstube because there was no indication that the hyperlinks were to illegal material. Therefore it was not a pirate site and the BestWater ruling applied.