©-LAW

Puzzling level of aggressiveness in guy's expression The Tribunale di Roma (Rome Court of First Instance) is back with yet another decision on  the liability of online intermediaries (ISPs) for third-party copyright infringements. After the decisions against video sharing platforms Break  [noted  here ]  and Kewego  [noted  here ] , this time it was the turn of streaming platform Megavideo  [shut down in Italy since 2012]  to be found ineligible for safe harbour protection pursuant to Article 16 of Decreto Legislativo 70/2003  [by which Italy implemented Article 14 of the  Ecommerce Directive  into its own national law] .  The case is: Tribunale di Roma,  Reti Televisive Italiane spa v Megavideo Ltd , decision  14279/2016, published 15/07/2016. Background In a  decision  published last Friday and made available and commented on very useful Italian IP resource  Marchi&Brevetti , the Rome Cou...

When does an internet service provider (ISP) lose its safe harbour protection  because, upon obtaining actual knowledge or awareness of third-party illegal contents, it has not acted  expeditiously  to remove or disable access to such contents? According to the Tribunale di Roma (Rome Court of First Instance), this is for example the case of an ISP that acts months after the request of the concerned rightholder.  Following its ruling   reported   by this blog a few weeks ago, in early May the Tribunale di Roma issued yet another interesting  decision  on the liability of ISPs for third-party infringing acts, again in the context of proceedings brought by  RTI - Reti Televisive Italiane (owned by broadcasting company  Mediaset ).  This time the defendant was French video platform provider website  Kit Digital France  (now bankrupt, formerly   Kewego ). Background On the Italian version of Kewego,...