“P., L. y otros"

Confirmed the previous decision regarding a criminal lawsuit against 10 YouTube users accused of publishing a movie on the platform and infringing copyright law, in particular Article 71 of Law 11.723. The final decision concluded that contents that are uploaded on YouTube are not known in advance by the site administrators who, therefore, do not act as "guarantors" of the content and/or neccessarily partecipate in possible illegal actions. According to the ruling, YouTube is an intermediary enjoing a special contition due to its essential character of being a platform to share cultural information globally. The Court concluded that the inherent potential risks of this activity must be balanced with the benefits in terms of the dissemination of cultural content. It also noted that users uploading videos do not infringe Article 71 of Law 11.723 as there was no evidence that there is an economic benefit in favor of the uploader or third parties, generated by trick or deception, and the victims did not experience any direct damage.