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28LugCourt rules on television programmes on video-sharing platformsOn January 20 2011 the Court of Milan ruled against ItaliaOnline Srl (IOL) for infringement of copyright held by Reti Televisive Italiane SpA (RTI) in respect of television programmes uploaded and displayed on IOL’s online audio and video-sharing platform. The grounds for the decision were published on June 16 2011. The court held that the…Articolo inserito in: Internet & Ecommerce
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14LugSupreme court rules on jurisdiction in online defamation casesThe Supreme Court has declared that in online defamation cases, the competent court is the court of the accused’s place of residence.(1) The decision in question related to a person who was accused of defamation in two different proceedings; one was heard by the Criminal Court of Sassari (ie, the court of the accused’s place…Articolo inserito in: Tecnologie
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20GiuSelf-regulatory framework for behavioural advertising – greater transparency and control for usersOn April 14 2011 IAB Europe, a body representing the European digital industry, released a Europe-wide self-regulatory framework for online behavioural advertising (OBA). The framework includes best practices for enhancing transparency and greater user control over OBA within the European Economic Area. The OBA framework is the result of a collaboration between IAB Europe and…
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17GiuDefamatory suggestions: what liability for search engines?Following a recent case involving the search engine Yahoo! Italia, another Italian court has addressed the issue of search engine liability. On March 24 2011 the Court of Milan found Google liable for defamation because its auto-complete suggestions paired the plaintiff’s name with defamatory keywords. The court upheld its earlier interim injunction of January 25…Articolo inserito in: Internet & Ecommerce
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15GiuCooperation in the field of ipr enforcement: memorandum of understanding on the sale of counterfeit goods over the internetOn May 4 2011, in a ceremony hosted by the European Commission, a representative group of leading rights holders and internet platforms signed a Memorandum of Understanding (MoU) on the Sale of Counterfeit Goods over the Internet.[i] The fight against counterfeiting is a key area of EU collaboration, although its methodology remains a subject of…Articolo inserito in: Internet & Ecommerce
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25MagAvoiding conflicts between due diligence and privacyThe impact of data protection law on due diligence is an increasingly important aspect of M&A transactions. Italian law has no specific provisions on data protection in due diligence; nor has the Data Protection Authority issued administrative provisions on the subject. Nevertheless, parties to mergers and acquisitions must think carefully about the data protection aspects…Articolo inserito in: Mergers & Acquisitions
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18MagSupporting independent producers – new regulation on secondary rightsOn February 3 2011 AGCOM, the communications regulator, issued a new regulation on the use of secondary rights acquired by media service providers. Article 44(5) of the Audiovisual Media Services Code acquires transmission...Articolo inserito in: Televisione
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18MagIs the validity of a drag-along clause subject to specific requirements?Drag-along clauses are often found in shareholders’ agreements of joint stock companies. They provide an equity capital sale mechanism which ensures that if a third party offers to acquire the entire equity capital of the company, the majority shareholder has the option of benefiting from such offer and may use it to compel the minority…Articolo inserito in: Private Equity
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7AprYahoo! Italia liable for film copyright infringementThe debate about copyright protection on the Internet has taken a new turn. The Court of Rome recently found that search engine Yahoo! Italia bore contributory liability for infringement of copyright in the award-winning Iranian film About Elly by illicit websites, which allowed the streaming or downloading and peer-to-peer sharing of the film without the…
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5AprDismissal for poor performance – recent supreme court decisionIn Decision 24361, which was issued on December 1 2010, the Labour Section of the Supreme Court stated that an employer may dismiss an employee for poor performance even if the employee in question has not committed a gross violation of his or her duty of diligence.Articolo inserito in: Diritto del Lavoro
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