E-Lex presenta il secondo “Report annuale sullo stato del diritto e della politica dell’innovazione in Italia”

Lo Studio legale E-Lex Scorza, Belisario, Riccio & Partners ha pubblicato, così come per il 2013, il report annuale sullo stato del diritto e della politica dell’innovazione in Italia.

Il documento racconta gli eventi principali registratisi nel corso del 2014, a livello legislativo e giurisprudenziale, nel mondo di internet, della privacy e della proprietà intellettuale.

Il Report è gratuitamente scaricabile, con link ai principali testi normativi e giurisprudenziali che hanno caratterizzato l’anno appena trascorso.

Scarica il report in formato EPUB.

Scarica il report in formato MOBI.

This Week in Italy No. 9 – E-Lex assists ANSO, FEMI and Open Media Coalition against the AGCom’s regulation on on-line copyright enforcement

Several Italian associations (including the Association of Online Press (Anso), the Federation of Independent Digital Media (Femi) and Open Media Coalition), assisted by e-Lex law firm, have taken legal action, before the Administrative Court of Lazio, against the new Communications Authority AGCom regulation on copyright on copyright enforcement.

According to these associations, Agcom would have not been empowered to adopt this regulation as its power should be limited to certain copyright works (audiovisual works) and to certain operators (providers of audiovisual media services). On the contrary, the Regulation approved is applicable to almost all the copyright infringements committed via internet and therefore should fall beyond the boundaries set by the Legislative decree No. 177 of 2005.

Furthermore it is complained the violation of the right to defense: the Regulation grant a too short period between the notification to ISPs and their reply, which jeopardizes constitutional rights and does not provide a balance between the opposite interests of intermediary operators and IPRs holders.

The new copyright enforcement regulation also holds an obligation on ISPs to disable access to contested websites, even if the application of this measure could inhibit the access to contents other than those reported by the copyright holder.

This provision seems to conflict with the views expressed in the opinion of the Advocate General of the Court of Justice in Case C-314/12, Deutsche Wikom Telekabel, according to which it is incompatible with the weighing of the fundamental rights of the parties to prohibit an internet service provider generally and without ordering specific measures from allowing its customers to access a particular website that infringes copyright.

The above mentioned associations also stated that they are willing to take a legal action also before the European Court of Justice as well as before the European Court of Human Rights.

The week in Italy No. 1 – Two cases on defamation via Tripadvisor and Facebook

An Italian professor has been sued for defamation after posting on Tripadvisor a critical review of a restaurant. According to the user, prices, service and, above all, quality of food and wine are inadequate to the standard of the restaurant, which could be one of the most famous and expensive of Bologna.
Most of all, the post criticizes the wine which would not been only bad, but even “undrinkable”. “I do not mean bad wine” – says the reviewer – “I’m talking about spoiled wine spoiled, which could cause health problems”.
The owners of the restaurant stand on the opinion that this comment is offensive and defamatory and, for this reason, sued the user, who has been investigated by the Public Prosecutor, and has received an invitation to appear before the public authority and defend her position.
The restaurant specifies that it appreciates Tripadvisor and that the popular platform has not been required to remove the post or involved in the legal case.

Italian media are also focusing their attention on another interesting case.
An Italian journalist has criticized the poster of a private school representing a teenager with a strong make-up, passing a lipstick on her lips, by saying “your posters and your banners are just chilling…Congratulations for the representation of women you offer… Have you been hibernated in the fifties and then woke up all of a sudden?”. Similarly, the journalist also expresses her view on her Facebook page, quoting and modifying the commercial jingle used by the school.
The school sued the woman for her expressions, assuming that they are defamatory. However, the journalist replies that she has not lied but only expressed an opinion and made a joke which was legitimate in the specific contest.