'Chinese Take-Away'

摘要

A recent decision by the National Criminal and Correctional Court of Appeals, 5th Chamber, in re "P., L. et al." (CCC 13630/2012/CA2) dated 28 October 2013 has dismissed a criminal proceeding (in Spanish "sobreseimiento") against ten individuals accused of illegally uploading a film to an Internet website. In addition, the court of appeals said YouTube can also not be held criminally responsible for its video-sharing services. Un Cuento Chino (Chinese Take-Away) is an Argentinean film from 2011 directed by Sebastian Borenztein and stars Ricardo Darin, the most famous living Argentinean actor, who also starred in the 2009 Oscar-winning film The Secret In Their Eyes. The film was uploaded to YouTube under its original and complete title without consent or authorization from the rightholder. According to the evidence rendered during the proceedings Chinese Take-Away was watched by 196,966 YouTube users during a period of nine months. Pampa Films S.A., producer and copyright holder of the film, acting as "private prosecutor" initiated criminal actions against ten individuals that had been syndicated as illegal uploaders and also against YouTube for failing to block access to a copyrighted content.