Illegal streaming, Cloudflare will have to provide customer and user data
The Court of Milan, Sezione Specializzata in Materia di Impresa, upheld in full the Lega Serie A's complaint against Cloudflare. Which will now have to take into account the Piracy Shield platform
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Key points
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The battle against audiovisual piracy registers a historic victory with the ruling of the Court of Milan - Sezione Specializzata in Materia di Impresa, which fully upheld the complaint of the Lega Nazionale Professionisti Serie against Cloudflare, the US giant of Content Delivery Network (Cdn) services. With this measure, the Italian judicial authority ordered Cloudflare to interrupt any technical support on a series of sites involved in the illicit transmission of sports content. In practice, explains a sota from Studio Previti, which assisted Lega Serie A in these proceedings, 'the Court ordered Cloudflare to inhibit the DNS resolution of domain names (FQDN) and the routing of network traffic to IP addresses already inhibited by Agcom through Piracy Shield'.
In addition, the Chamber ruled that Cloudflare will have to provide data on customers and users who use its services to transmit protected content, thus facilitating unlawful conduct. If Cloudflare does not comply with the court order it will have to pay a penalty of EUR 10,000 per day
Historical decision
.It is a decision that could profoundly change the dynamics in the fight against digital piracy, this one taken by the Ambrosian court in favour of Lega Serie A assisted by the defence panel composed of Bruno Ghirardi, Stefano Previti, Vincenzo Colarocco and Giovanni Crescella. Dazn Ltd, Sky Italia S.r.l., and the Lega Nazionale Professionisti Serie B intervened adiuvandum in the proceedings, reinforcing the collective commitment in the fight against piracy.
Cloudflare's vicarious liability
.At the heart of the ruling is Cloudflare's indirect, but crucial, definition of liability. Although the company does not produce content or manage pirate sites directly, its role was deemed crucial in ensuring the distribution of illegal content. According to the ruling, the CDN service provided by Cloudflare allowed pirate sites to disguise their origin, circumvent the blocks imposed by the network provider, and continue to operate undisturbed.
The Chamber of the Court of Milan pointed out that such support substantially contributed to the broadcasting of content protected by exclusive rights, such as Serie A championship matches, generating significant economic damage. The decision builds on principles that have already emerged in previous European litigation, but expands on them, setting a new standard for the liability of technology companies.



