©-LAW

Topazio, one of the soap operas produced by Delta TV Is YouTube an active host and, if so, ineligible for the safe harbour protection within Article 14 of the  E-commerce Directive ? As readers with an interest in intermediary liability know, this is not a novel question: indeed, it has been already raised a number of times before national courts. A few weeks ago, in a  decision available on Marchi & Brevetti  (sentenza 7 April 2017 No 1928, RG 38113/2013,  Delta TV v Google and YouTube  – judge rapporteur: Guglielmo Rende), the Tribunale di Torino (Turin Court of First Instance) revisited this issue, and provided an interesting response. Readers might recall that this decision follows other interim rulings commented on this blog  here  and  here . Background Back in 2013 Delta TV, which produces and owns the copyright to a number of South-American soap operas (including audiovisual works for the Italian, Monaco, Swis...

So beautiful .. but would ISPs agree? When does a hosting provider become liable for third-party infringements? Does an  internet service provider (ISP) have an obligation to monitor the information it stores at the request of third parties? Do rightholders need to indicate the precise location of allegedly infringing works by means of URLs? Where can one sue for alleged online copyright infringement? These are questions which both the Court of Justice of the European Union (CJEU) and national courts have addressed over the past few years (although not always answered clearly). A few days ago the Tribunale di Roma (Rome Court of First Instance) issued an interesting  [shocking or amazing, depending on one's own perspective]  judgment  in this area. It did so in the context of litigation between RTI - Reti Televisive Italiane (owned by broadcasting company  Mediaset ) and Break Media, a company operating video sharing platform  break.com .  T...