In a rare loss for the recording industry, an Italian court ruled that copyright infringement is not a crime as long as the downloader or sharer does not profit. The decision is sure to draw the attention of the recording industry and the European Union.

The case springs from a 2005 conviction of two men that resulted in both a fine and jail time. The men used a server at the Turin Polytechnic Institute to distribute music, video, and game files. An Italian Supreme Court judge overturned that sentence.

Italy has passed one of the strongest copyright laws in 2003. But the law was rarely enforced.