Online copyright enforcement: The ineffectivity of Italian Communications Authority Measures. A Survey.

 

copymatita

A new study has found that blocking access to torrent and linking sites results in the opposite effect. Instead of driving people towards legal websites and services, many of the blocked sites simply move to other domain names where they enjoy a significant and sustained boost in traffic.

 

Ernesto for TorrentFreak

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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INTERNATIONAL FESTIVAL OF JOURNALISM, 16TH OF APRIL 2015. TUTORIAL FOR JOURNALISTS RECEIVING LETTERS FOR COPYRIGHT, DEFAMATION OR RIGHT TO OBLIVION INFRINGMENT.

INTERNATIONAL FESTIVAL OF JOURNALISM, 16TH OF APRIL 2015. TUTORIAL FOR JOURNALISTS RECEIVING LETTERS FOR COPYRIGHT, DEFAMATION OR RIGHT TO OBLIVION INFRINGMENT.

festival
International Festival of Journalism, 16th of April 2015. Perugia.

Tutorial for journalists.

 What to do ( and write ) if you receive a request for cancellation or adjustment based on the right to be forgotten or copyright.

By Me and Bruno Saetta, Blogger and Lawyer.

Here more informations  

http://www.journalismfestival.com/programme/2015/freedom-of-expression-2.0-how-to-defend-oneself-against-libel-claims
Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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ITALY’S POSITION ON THE DIGITAL SINGLE MARKET, EXPRESSED FRIDAY MARCH 13, TO THE EUROPEAN COMMISSION.

renzi

Italy has provided  Friday March 13  his contribution   to the definition of  European Digital Strategy.

The Government's position on the digital single market was sent to the European Commission's DG Connect.

The 6-page document is divided into seven sections.

The document covers various aspects,including the broadband connection, the so-called Internet of thing, the digital school, the strengthening of the European Security Agency (ENISA ). 

The most critical point , however, is that of the Copyright , in which Italy appears to assume a position of rearguard.

This is the first of the 7 points.

 

1. Digital market and investments: improving interoperability, fostering e-commerce, harmonizing fiscal policies

A strategic objective of the Union should be to support programmes for infrastructural investments that ensure interoperability of systems and technologies and the development of e-commerce potential, which represents a new frontier for businesses, especially SMEs.

In order to do this, there should be an intervention that provides tools aimed at fostering the creation and establishment of European businesses, overcoming national constraints and optimizing both the infrastructure and the operational methods (inter alia the activities of shipping and delivery). It is crucial to draw a harmonised regulatory framework for the establishment and online registration of companies, also across borders.
We also need to fully harmonise the rules on consumers protection, products guarantee, as well as on taxation, i.e. aligning VAT rates of digital products to the rates of their material correspondents, such as in the case of e-books.

On this regard, for example, the EU should focus on the harmonisation of the platform for VAT payment so as to facilitate access of SMEs to the market.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Seminar on Copyright and freedom of expression online. International Journalism festival. Perugia.

festival

Copyright and freedom of expression online. In remembrance of lost liberty

law&order

  • 14:30 – 15:30   thursday 16/04/2015

Hotel Brufani – Sala Priori


 

By Bruno Saetta and Fulvio Sarzana, lawyers and bloggers.

 

This seminar will address the state of European legislation and national laws on intellectual property, the reform under discussion in the European Parliament, and the impact of these rules on freedom of expression, user-generated content and social curation.

 

http://www.journalismfestival.com/programme/2015/copyright-and-freedom-of-expression-online.-in-remembrance-of-lost-liberty

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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On line Copyright Enforcement, Notice and take down and fundamental rights: Landmark case starts in Italy before Constitutional Court.

Corte-Costituzionale

On 11 of February 2015, Italian Constitutional Court starting to review the landmark case regarding the constitutionality of the Italian Communication Authority’s (‘AGCOM’) Regulation on Online Copyright Enforcement.

Consumer’s and small business associations ( Altroconsumo, Movimento di difesa del Cittadino, Assoprovider and Assintel) filed action against this Regulation for violation of civil and fundamental  rights ( freedom of expression and to be informed  and economic initiative), protected by the Italian Constitution, before the Regional Administrative Court of Lazio and then before Constitutional Court.

Associations was assisted before Constitutional Court by Distinguished Professor of Constitutional Law at University of Rome and Writer  Alfonso Celotto  http://it.wikipedia.org/wiki/Alfonso_Celotto, by Former Honorary President of Italian Supreme Court ( Corte di Cassazione) Carlo Sarzana di S.Ippolito, and by Lawyer Fulvio Sarzana di S.Ippolito.

The Regulation, which entered into force on April 1, 2014, empowered AGCOM to enforce online copyright infringement.

The regulation implementing Legislative Decree No 70 of 2003, which transposed in Italy Directive 2000/31/EC on electronic commerce, does not contain any ‘implementing procedure’, as must be established by the Italian Communications Regulatory Authority (AGCOM).

Agcom granted hiself the enforcement power without any previous Parliamentary debate.

Under the Regulation, AGCOM may order access and hosting providers to block access to websites hosting infringing materials or remove allegedly infringing contents after a very short administrative procedure without any previous Judicial review.

Administrative Court poses the question of the constitutionality of Articles 5(1), 14(3), 15(2), and 16(3), Legislative Decree 70/2003 (which transposed in Italy Directive 2000/31/EC on electronic commerce)   and Article 32bis(3), Legislative Decree 177/2005, on the basis of which the AGCOM Regulation was adopted,

Court streesed that:

” Those provisions may infringe on (a) the principles of “statutory reserve” and judicial protection provided in defense of freedom of expression and economic initiative, as well as (b) the criteria of reasonableness and proportionality in the exercise of legislative discretion and (c) the principle of the natural judge, because of the lack of legal guarantees and judicial safeguards for the exercise of freedom of expression online, at least equivalent to those laid down for the press. 

Administrative Court noted that:

“ The “double track,” administrative and judicial, provided for by the European Directives that AGCOM referred to [as a legal basis to enact the “Regulation”], should be construed by taking into consideration the necessity that the limitations to access the Internet in order to protect copyright should be balanced with other rights protected by European law, such as the principle of proportionality.  However, those limitations should be subject to a preliminary judicial review. In any event, it should be considered that the implementation of those Directives in the Italian legal system cannot undermine the protection provided by our Constitution to other potentially conflicting fundamental rights.”

Indeed, AGCOM is allowed to order, through a fast-track procedure which does not give all parties a full hearing, that any content that allegedly infringes copyright be removed from public electronic areas.

Recently, AGCOM has issued an increasing number of orders to online newspapers, Forums, Blogs,  to remove content.

The latest concerns the website Gay.it, point of reference of italian LGBT Community,  which had to remove an article containing a ‘selfie’ (inspired by actress Tilda Swinton) of an Italian photojournalist, holding a rainbow flag, on Red Square in Moscow.

http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+WQ+P-2014-006995+0+DOC+XML+V0//EN

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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TOWARDS A NEW LEGISLATION ON INTELLECTUAL PROPERTY IN THE DIGITAL SINGLE MARKET.TUESDAY, 3RD MARCH 2015, EUROPEAN PARLIAMENT.

imagesG6F0T6WC

Explore the future of copyright  in a digital environment!

 

Learn the Proposal of EU Parliament Rapporteurs on implementation of INFOSOC and IPRED Directive!

 

Know the Modified Exceptions and limitations to copyright in order to achieve a balance of interest!

 

Learn the future of private copiyng in EU digital single market!

 

Should Internet Service providers be Copyright Cops?

 

This conference aims to provide  public with an in-depth analysis of how recent developments in the EU copyright framework .

 

The CJEU’s interpretation of key concepts concerning audiovisual, music and press activities will be presented and the adaptation of EU copyright law to online media technologies will be discussed.

 

copyleft – Locandina the Conference  Program  at the European Parliament ( Bruxelles)  the 3rd of March 2015, on the “new legislation on Intellectual Property in the digital single market” .

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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“Towards a new legislation on Intellectual Property in the digital single market” Bruxelles, European Parliament, Tuesday, 3rd March 2015.

ANNEX 1

Europe of Freedom and Direct Democracy Group EFDD – MoVimento 5 stelle

presents:

Tuesday, 3rd March 2015, from 9:30 to 13:00 a.m.

at the European Parliament (Altiero Spinelli Building – First floor – Room 1E2)

A Conference on:

Towards a new legislation on Intellectual Property in the digital single market.

Proposal for a new framework under INFOSOC and IPRED directives.

Programme:

9:00 Arrival and Registration

9:30 Welcome Speech: Isabella Adinolfi, MEP, Italy, Europe of Freedom and Direct Democracy Group MoVimento 5 stelle, Committee on Culture and Education (Rapporteur for CULT Committee on the Implementation of InfoSoc Directive)

Chair: Fulvio Sarzana di S.Ippolito, Lawyer. Sarzana & Partners Law Firm, Rome, Italy

9:45 – 10.05 Towards a Single European Copyright Title? A Conceptual Framework

Marco Ricolfi, Professor of Commercial law University of Turin, Nexa Center for internet and society, Turin, Italy

10:05 – 10:25 New Copyright and the Public Domain

Julia Reda, MEP, Germany, Greens/European Free Alliance Group – Pirate Party, Committee on Legal Affairs (Rapporteur for JURI Committee on the Implementation of InfoSoc Directive)

10:25 – 10:45 Digital Copyright Levies: Balancing the Authors’ rights with Consumers’ interests

Agustin Reyna, Senior Legal Officer and is leading BEUC’s Digital Team, Brussels, Belgium ANNEX 1

10:45 – 11:05 A new legal framework for limitations and exceptions to copyright

Giuseppe Mazziotti, Professor of Intellectual property Law at Trinity College Dublin, Ireland

11:05 – 11:25 Linking, Embedding & Framing, is that a copyright Infringement?

Marco Scialdone, Lecturer, European University of Rome, Italy

11:25 – 11:45 Balancing the freedom of expression and copyright in the digital Age: A constitutional Approach

Alfonso Celotto, Professor of Constitutional Law, University of Rome 3, Italy

11:45 – 12:05 Intellectual Property enforcement in digital age: The Internet Service Provider point of View

Innocenzo Genna, Head of Copyright Committee at EUROISPA (Pan European association of European Internet Services Providers Associations – ISPAs)

12:05 – 12:25 EU-style Fair Use? EU Copyright and the Introduction of an Open Norm

Eleonora Rosati, Lecturer in Intellectual Property (IP) law at the University of Southampton, UK

12:25 – 13:00 Debate & Conclusions:

Isabella Adinolfi, MEP, Italy, Europe of Freedom and Direct Democracy Group – MoVimento 5 stelle, Committee on Culture and Education (Rapporteur for CULT Committee on the Implementation of InfoSoc Directive)

Laura Ferrara, MEP, Italy, Europe of Freedom and Direct Democracy Group – MoVimento 5 stelle, Committee on Civil Liberties, Justice and Home Affairs & Committee on Legal Affairs

Dario Tamburrano, MEP, Italy, Europe of Freedom and Direct Democracy Group – MoVimento 5 stelle, Committee on Industry, Research and Energy

Julia Reda, MEP, Germany, Greens/European Free Alliance Group – Pirate Party, Committee on Legal Affairs (Rapporteur for JURI Committee on the Implementation of InfoSoc Directive) ANNEX 1

The conference is free upon registration: https://ec.europa.eu/eusurvey/runner/Copyright_03_03_15

For info email: isabella.adinolfi-office@europarl.europa.eu

Languages IT-EN-FR / The Conference will be webstreamed

A cocktail will be provided after the Conference

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Bruxelles, Tuesday, 3rd March 2015.Towards a new legislation on Intellectual Property in the digital single market. Proposal for a new framework under INFOSOC and IPRED directives.

copyrightlevies

Europe of Freedom and Direct Democracy Group EFDD –

 

presents:

 

 

Tuesday, 3rd March 2015, from 9:30 to 13:00 a.m.

 

at the European Parliament (Altiero Spinelli Building – First floor – Room 1E2)

 

 

An International Conference on:

 

 

Towards a new legislation on Intellectual Property in the digital single market.

 

Proposal for a new framework under INFOSOC and IPRED directives.

 

Programme:

 

9:00 Arrival and Registration

 

9:30 Welcome Speech: Isabella Adinolfi, MEP, Italy, Europe of Freedom and Direct Democracy Group – , Committee on Culture and Education (Rapporteur for CULT Committee on the Implementation of InfoSoc Directive)

 

Chair: Fulvio Sarzana di S.Ippolito, Lawyer. Sarzana & Partners Law Firm, Rome, Italy

 

9:45 – 10.05 Towards a Single European Copyright Title? A Conceptual Framework

Marco Ricolfi, Professor of Commercial law University of Turin, Nexa Center for internet and society, Turin, Italy

 

 

10:05 – 10:25 New Copyright and the Public Domain

Julia Reda, MEP, Germany, Greens/European Free Alliance Group – Pirate Party, Committee on Legal Affairs (Rapporteur for JURI Committee on the Implementation of InfoSoc Directive)

 

10:25 – 10:45 Digital Copyright Levies: Balancing the Authors’ rights with Consumers’ interests

Agustin Reyna, Senior Legal Officer and is leading BEUC’s Digital Team, Brussels, Belgium

 

10:45 – 11:05 A new legal framework for limitations and exceptions to copyright

Giuseppe Mazziotti, Professor of Intellectual property Law at Trinity College Dublin, Ireland

 

11:05 – 11:25 Linking, Embedding & Framing, is that a copyright Infringement?

Marco Scialdone, Lecturer, European University of Rome, Italy

 

11:25 – 11:45 Balancing the freedom of expression and copyright in the digital Age: A constitutional Approach

Alfonso Celotto, Professor of Constitutional Law, University of Rome 3, Italy

 

11:45 – 12:05 Intellectual Property enforcement in digital age: The Internet Service Provider point of View

Innocenzo Genna, Head of Copyright Committee at EUROISPA (Pan European association of European Internet Services Providers Associations – ISPAs)

 

12:05 – 12:25 EU-style Fair Use? EU Copyright and the Introduction of an Open Norm

Eleonora Rosati, Lecturer in Intellectual Property (IP) law at the University of Southampton, UK

 

12:25 – 13:00 Debate & Conclusions:

 

Isabella Adinolfi, MEP, Italy, Europe of Freedom and Direct Democracy Group – MoVimento 5 stelle, Committee on Culture and Education (Rapporteur for CULT Committee on the Implementation of InfoSoc Directive)

 

Laura Ferrara, MEP, Italy, Europe of Freedom and Direct Democracy Group – MoVimento 5 stelle, Committee on Civil Liberties, Justice and Home Affairs & Committee on Legal Affairs

 

Dario Tamburrano, MEP, Italy, Europe of Freedom and Direct Democracy Group – MoVimento 5 stelle, Committee on Industry, Research and Energy

 

Julia Reda, MEP, Germany, Greens/European Free Alliance Group , Committee on Legal Affairs (Rapporteur for JURI Committee on the Implementation of InfoSoc Directive)

 

 

The conference is free upon registration: https://ec.europa.eu/eusurvey/runner/Copyright_03_03_15

 

 

Languages IT-EN-FR

 

A cocktail will be provided after the Conference

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Copyright: Finland Abolishes Copyright Levies On Digital Devices

copyrightlevies

 

Finland is the latest EU member state to scrap levies on digital devices, following similar moves in Spain and the UK. The Finnish Parliament on Wednesday voted overwhelmingly to replace a levies system that has existed since 1984 with the creation of a government fund designed to compensate artists for private copying of content such as music and movies.

 

Glyn Moody for Techdirt 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Forex Financial sites. New Crackdown in Italy under request from Italian financial regulator Consob.

forex

Rome, 16/12/2014.

In a dramatic move, the preliminary investigations by the Judge of Rome, on the order of the Public Prosecutor of Rome, under request from Italian financial regulator Consob has directed Italian ISPs to block numerous binary options cites from appearing in Italy .

Italian financial police ( cd Guardia di Finanza) is performing now the Order of Blocking.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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The final paper of Italian Government on Net Neutrality (state of play). Italy to Remove Net Neutrality from The proposal. 21 november 2014.

netneutrality1

 

ITPRESState ofPlay
The Italian Government will present its final proposal on Net Neutrality and Roaming the Council of Ministers of Telecommunications on 27 November.

This the last document prepared by the Italian Presidency and circulated among the delegates of the countries of the Council, (21 November )

Italian Government confirms its intention to remove Net Neutrality and affirms  (not clear whether speaking as chairman or by recording the positions of the Council), the specialized services are not regulated but not prohibited

The theme of the specialized services had been precisely defined by the text released in April by the European Parliament to  avoid  uncertainties on discrimination of traffic and the potential conflict with the free internet.

The Italian proposal also with regard to roaming proposes to postpone the end of 2016 the entry into force of the so-called ‘roam like at home’ (RLAH).

The document would seem to benefit the big mobile operators, to the detriment of the operators of more modest size and consumers.

Among the proposals, indeed very unorthodox, the Italian Government  ask to the Council an  exploratory mandate to negotiate future scenarios with the Commission and the European Parliament.

 

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Italian government, current President of the European Council, says its EU Partners “Net Neutrality, No, thanks”.

 

verdict

Italian Government says  to EU  Partners “Net neutrality ?, No thanks.”

The Italian government, current President of the European Council, surprisingly trying to “bury” the Net neutrality .

The evidence  is contained in two confidential documents in English (respectively 26 and 10 pages), who were brought by the Italian Presidency of the European Council to the delegates of the other countries on November 14th .

The text,  that left surprised most of the participants in the Working Group,  seems to move toward the desiderata of Europe’s large telecoms operators.

Let’s start by saying that the Italian government announces its European partners that the word Net neutrality, in his view, should not be used.

The Italian Presidency proposes in the second of two documents the Removal of the definitions of “net neutrality” and “specialised services”.

Mr Renzi Government thinks that,  instead of a definition of net neutrality there could be a reference to the objective of net neutrality, e.g. in a recital, which would resolve the concerns that the definition might be at variance with the specific provisions.

It ‘s really strange that a concept so important to be eliminated.

Words are important, some might say, and if we do not adopt clear definitions, what can be considered white could become black and vice versa.

 

The surprises do not end there because the Italian Presidency offers its partners  the possibility  to use the Traffic management measures to block, slow down, alter, degrade or discriminate against specific content, applications or services, or specific classes  in these scenarios:

a)           implement a legislative provision or an order by a court or other public authority vested with relevant enforcement powers under national law;

b)           prevent the transmission of unsolicited communications, where required to give effect to Article 13 of Directive 2002/58/EC;

c)           preserve the integrity and security of the network, services provided via the network, and the end-users’ terminals;

d)           prevent imminent network congestion or mitigate its effects if application-agnostic measures would not be efficient and provided that equivalent types of traffic are treated equally;

e)           ensure high-quality transmission of voice communications, including to the emergency services, or

f)           meet its obligations under a contract with an end-user to deliver a service requiring a specific level of quality to that end-user.

 

For the first time since the presentation of the  digital single market  proposal,   a Gouvernment proposes the blocking of   internet  traffic by administrative body  (which in Italy is AGCOM ) and not by a judge.

No one before the Italian Government had proposed this solution, pregnant with important consequences on the rights of defense of citizens from potential abuses of administrative  power.

The net neutrality, in the words of the Italian Government, is effectively put down to the water, to be replaced by the  Rules can overwhelm the principles of free access, sharing and equal access to network resources.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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AGCOM: Consumer Organizations And Internet Companies Mount Legal Challenge To Italy’s Extreme Copyright Enforcement Regulations

libro bianco su copyright e diritti fondamentali in internet

GlynMoody for www.techdirt.com

from the fightback-time dept

Techdirt has been following for a while the saga of Italy giving its Authority for Communications Guarantees (AGCOM), which regulates broadcasting and telecommunications, wide-ranging new powers to police online copyright infringement too. That culminated in the first instances of Web sites being blocked without any kind of judicial review earlier this year. Since then, there has been an important development as civil organizations and Internet companies have mounted a legal challenge to the new regulations. One of the lawyers involved in these actions, Fulvio Sarzana, explains what happened:

On 26 September 2014, The Italian regional administrative tribunal referred the question regarding the constitutionality of the administrative enforcement procedures foreseen by a new regulation on online copyright infringement to the Italian Constitutional Court.

Here’s why:

the Regional Administrative Court of Lazio required the Constitutional Court to issued its judgment, since it held that the regulation might be unconstitutional, for violation of the principles of statute and judicial protection in relation to the exercise of freedom of expression and economic initiative, as well as for the violation of criteria of reasonableness and proportionality in the exercise of legislative discretion and of the principle of the court, in relation to the lack of guarantees and legal safeguards for the exercise of freedom of expression on the Internet.

follow on https://www.techdirt.com/articles/20141114/08020629140/consumer-organizations-internet-companies-mount-legal-challenge-to-italys-extreme-copyright-enforcement-regulations.shtml

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Italian way to copyright. On the Road to Constitutional Court, President of AGCOM said ” Mr Sarzana won’t be able to drag me personally to the Court”.

libro bianco su copyright e diritti fondamentali in internet Rome November 14, 2014.

On 26 September 2014, The Italian regional administrative tribunal referred the question regarding the constitutionality of the administrative enforcement procedures foreseen by a new regulation on online copyright infringement to the Italian Constitutional Court.

Consumer’s and small business associations ( Altroconsumo, Movimento di difesa del Cittadino, Assoprovider and Assintel) filed action against this Regulation for violation of civil  rights (  freedom of expression  and economic initiative) , protected by the Italian Constitution, before the Regional Administrative Court of Lazio.

AGCOM’s ( Italian Telecommunications Authority)  President Mr Cardani , said,  at the end of october,  during a Conference  ” Mr. Sarzana, (  The Lawyer  www.lidis.it/eng   leader of the civil rights groups that have been awarded to discuss the case before the Constitutional Court)   won’t be able to drag me personally in court”. https://www.youtube.com/watch?v=qJTOR4tyEy8#t=1025 ( Minute n. 17 of video).

In accordance with the actions brought by consumer’s associations against the Regulation, the Regional Administrative Court of Lazio required the Constitutional Court to issued its judgment, since it held that the regulation might be unconstitutional, for violation of the principles of statute and judicial protection in relation to the exercise of freedom of expression and economic initiative, as well as for the violation of criteria of reasonableness and proportionality in the exercise of legislative discretion and of the principle of the court, in relation to the lack of guarantees and legal safeguards for the exercise of freedom of expression on the Internet.

The Consumer associations have in fact warned AGCOM not to continue the crackdown of websites and online content,  without the intervention of a judge,  sending the case to the State Court of Auditors. https://www.altroconsumo.it/organizzazione/media-e-press/comunicati/2014/diffida-agcom-per-regolamento-tutela-diritto-autore ( in Italian)

Therefore, in October 2014, the President of Agcom, Mr. Angelo Cardani, indicated that Agcom shall proceed “with caution” , addressing only cases “of real urgency”, pending the case in the Constitutional Court.

The Constitutional Court will issue a verdict in the coming months.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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COURT LIFTS OVERBROAD “PIRACY” BLOCKADE OF MEGA AND OTHER SITES

COURT LIFTS OVERBROAD “PIRACY” BLOCKADE OF MEGA AND OTHER SITES

NEWS

Mega and several other file-hosting services are accessible in Italy once again after a negotiated settlement with local law enforcement. Another unnamed site had to appeal its blockade in court but won its case after the court ruled that partial blocking of a specific URL is preferred over site-wide bans.

megaLast July the Court of Rome ordered all local Internet providers to block 24 websites including Mega.co.nz and Russia’s largest email provider Mail.ru.

The broad anti-piracy measures were requested by small independent Italian movie distributor Eyemoon Pictures. The company complained that the sites in question distributed two films, “The Congress” and “Fruitvale Station,” before they were released in Italian cinemas.

Several sites affected by the blockade decided to appeal the order, and not without success. Fulvio Sarzana, who acts as lawyer for several of the accused sites including Mega, told TorrentFreak that the sites in question can now be accessed again.

The lawyer took up the case with the local Prosecutor, and pointed out that the blockades are overbroad. Instead of blocking access to a single file it makes entire sites unreachable.

In addition, Sarzana noted that the measures are not needed as the file-hosting sites have strict takedown policies in place which allow copyright holders to remove infringing content.

 

follow on http://torrentfreak.com/court-lifts-overbroad-piracy-blockade-of-mega-and-other-sites-141009/

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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New Copyright Rules by AGCOM( Italian telecommunications Body). Ordonnance n 10020/2014 of September 26, 2014, of Administrative Court of Lazio. Referring to Constitutional Court.

 

Regarding the New Copyright Rules by AGCOM (  Italian telecommunications Body)and Ordonnance n 10020/2014  of Administrative Court of Lazio, Referring to Constitutional Court,

Since there are doubts about what the court said i  paste here the decision, or the Order of the Court.

 

Everyone can get an idea

 

ITALIAN REPUBLIC

The Regional Administrative Court of Lazio

(First Section)

gives the following
ORDER

on the use of general register number 1985, 2014, provided by:

Altroconsumo, Assoprovider – Association of Independent Provider-Confcommercio, Motion Defense of the Citizen, Assintel – Confcommercio, represented and defended by the lawyer. Fulvio Sarzana Of S. Ippolito, with an address at Di Fulvio Sarzana S.Ippolito in Rome, Via Velletri, 10;

versus
Authorities’ To The Guarantees in Communications, represented by law by the State, based in Rome, via the Portuguese, 12;

 

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

 

This he part of a judgment that sets out the decision, or ruling  – as opposed to the other parts of the decision such as the facts, arguments, grounds and costs.

 

“23 – Observe the Panel of Judge  that the above considerations appear to also be confirmed in the jurisprudence of the Court of Justice, which in the judgment C 70/10 (Section III, SABAM against SCARLET) expected to be (only) “national courts” in order to instruct intermediaries to take measures “aimed at putting an end to violations of intellectual property rights” (in this sense, judgment of 12 July 2011 in Case C 324/09, L’Oréal and others). Therefore, “the authorities and the national courts must in particular ensure a fair balance between the protection of intellectual property rights, enjoyed by the owners of copyright, and that of free enterprise.”

For this reason, the injunction to create a filter generalized estimate “is likely to prejudice the freedom of information since that system might not be able to adequately distinguish between a lawful content and illegal content.” In fact, “it is undisputed that the question of the lawfulness of a transmission depends on the application of statutory exceptions to copyright which vary from one Member State to another. In addition, in some Member States certain works may fall within the public domain, or may have been put on line for free by their authors. ”
Therefore, even the national court could adopt the injunction that forced the FAI to set up the system of filtering controversial, because it does not comply with “the obligation to ensure a fair balance between, on the one hand, intellectual property rights and, on the ‘another, freedom of enterprise, the right to protection of personal data and the freedom to receive and impart information “.
By the judgment C – 461/10 (Section III, -BONNIER AUDIO AND OTHERS against PERFECT COMMUNICATION AB SWEDEN), the Court of Justice adds that in the transposition, in particular, the Directives 2002/58 and 2004/48, “the United States must take c