By Mike Masnick
A year and a half ago, we thought this plan was dead in the water, but apparently while we weren’t paying attention, a plan moved forward in Italy to take significant copyright enforcement powers out of the courts and, instead, give it to the Italian regulator AGCOM. If you want to see a recipe for a bad idea, this is it.
Regulators are very much subject to regulatory capture, and a regulatory board entirely focused on copyright enforcement will almost certainly be controlled by maximalists who come from industry, rather than those with the public benefit in mind.
Imagine if the US Copyright Office or the US Patent Office got to determine enforcement of those laws, rather than the courts. It would be a disaster for free expression and innovation — and yet that’s exactly what Italy is seeking to do.
Studio Legale Roma Sarzana & Associati