Online piracy is the unlawful distribution, supply and sale of copyrighted works (typically audio or audiovisual content, but also books and texts, photographs, digital games, and the like), without first securing the necessary rights of use and exploitation. When we refer to copyright infringement, we mean the use of works protected by copyright, while simultaneously violating the exclusive rights of the rightholder, such as those of reproduction, distribution, display or performance of the protected work, or the creation of derivative works, without the permission of the copyright holder. The latter is usually a publishing or other company that represents the creator.
Watch a video describing the most common cybercrimes:
The term “online piracy” refers specifically to activities of a commercial nature – not necessarily by the offender’s intention. Although some online pirates derive revenue from this activity, many people engage in such acts for other – non-commercial – purposes, but nevertheless equally contribute to the infringement of copyright, with all that this entails (e.g. financial loss to copyright holders, contraction of artistic production, loss of jobs, etc.).
The principal forms of online piracy today can be summarised in the following two:
– Through peer-to-peer (P2P) digital file-sharing networks.
– Through various online forums, websites and social media pages that offer access to direct-download links or live video streaming.
- See also article Online Fraud
- See also article Hacking
- See also Methods of Online Attacks
- See also article Malicious Software
- See also article Online Attacks
- See also article Online Piracy
- See also article Software Piracy
- See also article Trafficking in Pharmaceuticals
- See also article 10 Security Practices
FREQUENTLY ASKED QUESTIONS ON ONLINE PIRACY
1. What sentence do I face for copyright infringement?
Copyright infringement is governed by Law 2121/1993 and is punishable by imprisonment of at least one year and a monetary penalty, with an enhanced sentencing range when the act is committed on a professional basis or on a commercial scale. In practice, for private individuals without commercial gain, the sentence can as a rule be suspended under Article 99 of the Penal Code (PK) or converted into a monetary penalty under Article 80 of the PK. The lawyer examines whether mitigating circumstances apply (prior law-abiding life, remorse, Article 84 of the PK) and whether the act can be characterised as non-commercial in nature, a factor that significantly reduces the sentencing range.
2. What do I do if I receive an extra-judicial notice from a copyright company?
Many rightholders send extra-judicial notices through law firms, demanding excessive damages and threatening to file a criminal complaint. It is not in your interest to respond or to pay any sums prior to a legal assessment. The lawyer checks whether an infringement is in fact established, whether the evidence (IP logs, timestamps, content) is valid, and whether the amount claimed is proportionate. Often the matter is settled out of court for a small sum or is dismissed entirely due to the inability to prove the identification of the user behind the connection.
3. Am I at fault if I downloaded a film or series for personal use?
Downloading and especially the retransmission (uploading via P2P, torrents) of a protected work without permission objectively constitutes infringement. However, a critical role is played by the proof of the user’s identification: the connection may be used by other family members or visitors, or may be open. The lawyer challenges the link between IP address and natural person, the chain of evidence collection and its lawfulness. The lawyer also examines whether the element of commercial exploitation is present, which is necessary for the more serious form of the offence.
4. How long does a criminal piracy case last?
From the filing of the criminal complaint to the hearing, usually one to three years elapse, depending on the court’s caseload and the complexity of the case file. In the meantime, the defendant is summoned to a preliminary investigation and has the right to file a memorandum. In parallel, the civil claim for damages proceeds, which may be brought either by way of declaration of joinder as civil claimant or by way of a separate lawsuit. The statute of limitations for the misdemeanor is, as a rule, five years, a factor that, in delayed case files, operates in the defendant’s favour.
5. What documents and evidence does the lawyer need?
The summons or extra-judicial notice, any correspondence with the company or the provider, the connection account in whose name it was issued, information on who uses the connection, and any networking equipment are gathered. It is important to record when and how you were informed of the matter. The lawyer can request the case file from the Public Prosecutor’s Office and identify any procedural errors, unlawful means of evidence or gaps in identification, which form the basis of the line of defence.
6. What is the lawyer’s role in an online piracy case?
Our office has handled numerous cases of copyright infringement, both at the level of out-of-court settlement with rightholders’ lawyers and before criminal courts. The lawyer analyses the technical evidence (logs, IP addresses, timestamps), represents the defendant at the preliminary investigation and at the hearing, negotiates reduced damages, files standalone pleas and mitigating circumstances, and seeks suspension or conversion of the sentence. Timely instruction, before any reply is sent to the extra-judicial notice, is decisive for the final outcome.