21The referring court refers, in that regard, to the judgment of 29 November 2017, VCAST (C‑256/16, EU:C:2017:913), in that it states that the fact that the person concerned himself or herself possesses reproduction equipment, devices or media for making a private copy has no bearing on the unlawful nature of that copy. However, that court doubts the relevance of such a solution in the main proceedings, in the light of the particular features of the service offered by Ocilion and, in particular, because that service goes well beyond that of a storage-space provider. Therefore, in order to avoid circumvention of Directive 2001/29, that court considers that, in order to determine whether private copying is involved, importance should not be attached to the formal question of who initiates the copying.
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