Cloud computing and copyright law: cloud-based video recording reaches the CJEU

In the context of national proceedings opposing VCAST Limited and Italian television broadcaster Reti Televisive Italiane spa (RTI), the Tribunale di Torino (Italy) referred a question about the interpretation of Article 5(2)(b) of Directive 2001/29/CE of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (InfoSoc Directive). The referring court essentially asks whether the private copying exception should be interpreted as covering reproductions of protected works made through a cloud-based video recording platform.