©-LAW

Bruno made his 'best efforts' to stick to his diet ... A couple of days ago, The IPKat  posted  about a (gross) Italian mistranslation of Article 17 of the  DSM Directive 2019/790  (formerly known as Article 13), which seems to require online content sharing service providers (OCSSPs) to prevent the availability of all unlicensed subject matter, irrespective of whether it is infringing or not. I have been informed that this error will be corrected soon, as it is clearly an incorrect translation of the adopted text. As a follow-up to this, I took a  closer look  at the Italian translation of Article 17, and was a bit surprised when I saw that the phrase 'best efforts' in Article 17(4)(a) had not been translated as 'migliori sforzi' but rather as 'massimi sforzi'. I shall try and clarify what I mean. If we look at the English version of the DSM Directive, we see that a softer regime is in place for those OCSSPs who, t

Post-mistake Katguilt As  reported  by this blog, the DSM Directive ( Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC ) has now been published on the Official Journal of the EU. The various language versions of this new piece of EU legislation are available   here . The IPKat has learned from friends  Valentina Borgese ,  Carmine Di Benedetto ,  Daniele Cerulla  and  Daniele Fabris  (all PhD students at the University of Pavia)  that not all language versions of the directive say the same thing.  In particular, they have spotted a notable omission in the Italian version of Article 17 of the Directive. The English version of Article 17(7) states: The cooperation between online content-sharing service providers and rightholders shall  not  result in the prevention of the availability of works or other subject matter

At last the Directive on copyright in the Digital Single Market  [see IPKat DSM Directive Series  here ,  here ,  here , and  here  so far]  has been published on the Official Journal of the European Union: it is now  Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC   [see  here  for all the language versions] . Trivia: this new piece of EU legislation is  not  the longest piece of legislation within the  EU copyright  acquis . The  Enforcement Directive  (or IPRED) is in fact longer (42 pages) than the DSM Directive (34 pages). However, it seems fair to say that the DSM Directive is the longest piece of EU legislation ever adopted relating  exclusively  to copyright. Here's a table I have made which lists the various lengths of the directives and regulations that compose the EU copyright  acquis,  ordered fro