Internet @en

AdWords and third party trademarks: the Enterprise Matters Section of the Milan Court rules in the wake of the ECJ’s case-law

The use of third party trademarks as “ad-words” in order to gain advantageous referencing in Internet searches does not necessarily constitute trademark infringement, the Enterprises Section of the Milan Court ruled on appeal against a summary judgment, in a decision that is filled with references to the EU Court […]

The Internet of Things, Personal Data and the Article 29 Working Party: no Extraordinary Revelations, but a Useful Summary

The adoption of an Opinion on the Internet of Things and personal data protection in the EU by the Article 29 Working Party (WP) last September had a certain resonance. Yet the document brings no sensational revelations (nor it is remarkable for its timeliness); however, it does provide a […]

Can improper use of Facebook and the Internet get you fired in Italy? Definitively yes, according to the Court of Milan

By order of 1 August 2014, the Labour Court of Milan rejected the motion of an employee who was fired by his company on grounds related to the use of Facebook and the Internet in the workplace (Labour Court of Milan, Docket no. 6847/2014, Judge Colosimo).
The facts: at the […]

Hyperlinks and communication to the public: AGCOM applies the Svensson CJEU’s case law and dismisses proceedings

(By Silvia Laitila) Application by Italian Communication Authority AGCOM (Autorità per le Garanzie nelle Comunicazioni) of the principle enunciated by the CJEU in the Svensson case has recently resulted in the dismissal of proceedings against an allegedly copyright-infringing website (decision No. 67/14/CSP). The proceedings started when an individual filed a […]

Mobile remote payments: more protection for users’ personal data under Italian new regulation

(By Silvia Laitila and Luigi Manna) The Italian Data Protection Authority (Garante della privacy) has issued new rules for processing the data of individuals who use so-called mobile remote payment services via smartphone, tablet or PC. The regulation (General order on the processing of personal data in the context of […]

AGCOM strikes again against a torrent site

(Written with Silvia Laitila) The Italian Communication Authority, AGCOM (Autorità per le Garanzie nelle Comunicazioni) has ordered “mere conduit” service providers that operate in Italian territory to disable access to the website torrentvia.com (decision No. 51/14/CSP). In Italy, a recent statutory instrument (Regulation on the protection of copyright on electronic […]

The ECJ ruled about copyright regarding copies of an Internet site on-screen and in the hard disk cache

(by Francesca Maculan)

On 5 June 2014, the European Court of Justice, Fourth Chamber, issued a preliminary ruling concerning the interpretation of Article 5 of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. The ruling is about the requirement to obtain […]

The Italian Communication Regulatory Authority strikes: are days numbered for “torrent” websites?

(by Francesca Maculan)

On 5 May 2014 the Italian Communication Regulatory Authority (hereinafter “Authority”) published four orders on its website following applications that had been filed a few weeks earlier under the new Regulation on the protection of copyright on electronic communications networks, which entered into force on 31 March […]

Jurisdiction in a case of online copyright infringement

(by Francesca Maculan)

With decision of last 3 October in case C-170/12, the European Court of Justice (“ECJ”) ruled on jurisdiction in a copyright infringement case. The issue originated from a claim for damages by the musician Peter Pinckney (“Plaintiff”) against the Austrian company KDG Mediatech AG (“Mediatech”). The Plaintiff […]

(Less than) 60 days to propose amendments to AGCOM draft regulation on copyright protection in audiovisual media services and the internet

By decision no 452/13/CONS of 25 July 2013, the Italian Communication Authority (“AGCOM”) launched a public consultation on its “Draft regulation on copyright on the electronic communication networks”, available here on AGCOM’s website (the “Draft Regulation”).

Notwithstanding its title, the Draft Regulation concernes not only online copyright protection, but […]

Right to Oblivion and the Internet: a Recent Ruling of the Milan Court

A recent judgment of the Court of Milan (No. 5820/2013) on the so-called right to oblivion – or right to be forgotten – on the Internet, ordering a publisher to remove an old article from an on-line newspaper archive, provides a good starting point for an overview of the state […]