Rome Court of First Instance says that ISP's unjustified delay in removing infringing content ... removes safe harbour protection
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,...