The Demonoid is no longer accessible in Italy after the Italian Regulatory Authority ordered local ISPs to block access to the site following a complaint by Sony, Warner and Universal.
TorrentFreak says, Italy gave the regulator increased power, thus allowing the decision to block the site without any legal review.
As you may know, after almost two years of inactivity, Mr Tracker Demonoid came back at the beginning of this year. In the time it's been back online, it's managed to rebuild some community and is once again collecting the millions of visitors it had in its glory days each month. The event drew the attention of various copyright holders.
FIMI, an anti-piracy group representing Sony, Warner and Universal, complained to AGCOM (Communications Regulatory Authority) last month and managed to take action against Demonoid after it was deemed to be infringing copyright. As always, instead of asking ISPs to block access to various projects recommended by infringement, like those of the Italian artists represented by the aforementioned Companies, the regulatory body proceeded to seize the entire site. This is an attitude we have seen from many copyright holders and their representatives, such as when Google was requested remove pages from the site and not links to content that infringes copyright.
AGCOM's competencies are challenged by consumer groups.
TorrentFreak spoke with Fulvio Sarzana, a lawyer specializing in Internet and copyright issues. He believes the new mandate to block Demonoid is very broad because the judgment of the Court of Rome refers to illegal content only, and not to the entire site.
"Demonoid will do well to challenge what appears to be illegal," Sarzana encouraged the site's administrators, adding that AGCOM's actions could well be unconstitutional.
In fact, there have been very few consumer groups that have asked for it court to review the legality of AGCOM's decisions. The Court of Rome referred these complaints to the Constitutional Court, which will examine and decide whether AGCOM's procedures violate the right to freedom of expression and freedom of speech.
Until then, however, AGCOM will continue to condemn business as usual, and will probably block more websites in the coming months and until a decision is taken by the Constitutional Court.