The Italian Supreme Court issued an important decision concerning the illegal reproduction of a software and its creativity, stating that the object of protection is not the idea per se but the particular shape that it assumes, irrespective of novelty and intrinsic value of its content. As a consequence, a software and its reproduction is protected by copyright not only when it is totally new but also when it expresses merely improving solutions. Viceversa, the criminal offence might occur also in case of partial reproduction which does not concern the software as a whole.