European Commission and Italian Communications Authority, the two versions (maybe?) Official letter sent by Commissioner Kroes to Italian Authorities about copyright and Cyberspace: in Italian and English

Subject: Notification 2011/403/I


“Where a legitimate entity believes that a certain content violates the author’s rights and1. The Italian authorities are invited to explain the scope of the notion of “legitimate entity” that[…]“? Could the Italian authorities explaindeclaration“, which is referred to both in Annex I (notice form) and Annex II. Could“Where the content to which the warning relates has been uploaded by third parties, the entity to1. Could the Italian authorities explain whether the obligation to notify the uploader pursuant to“The entity to which the counter notice is forwarded, where possible, shall notify the warning1. Could the Italian authorities explain what the extension of obligation laid down in this articleInvestigation states that:“The notice of commencement of the investigatory proceeding contains a summary of the facts,The time period of 48 hours (not even 2 working days) to make written statements of defenceMeasures for entities located in Italy states that:“The collective body may order the managers of sites whose domain names are registered by anThe Commission would like the Italian authorities to clarify why they use the criterion of theAuthority measures for subjects located overseas states:“The collective body, in relation to the managers of sites whose domain names are registered by5a) Order the site managers to comply with the Copyright LawCould the Italian authorities clarify whether the order of measures that the collective body may[…],“)?

Fulvio Sarzana
Studio Legale Roma Sarzana & Associati
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