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Category Archives: Copyright and IP

Apple’s idea’s patenting pitch finding its way

Apple’s (wrong) idea of giving ideas a “patentable” status keeps finding its way into the media’s mind. Whether this is a direct consequence or a side effect of a spin doctor’s devised strategy, doesn’t change the fact the the more and more journalists fell into this trap. The latest example is a Vanity Fair column […]

Apple’s disturbing notion of “intellectual property”

According to MacRumors, Apple commented the favourable trial verdict in the case against Samsung by stating: We are grateful to the jury and the court for their service,” Apple told Re/code. “Today’s ruling reinforces what courts around the world have already found: that Samsung willfully stole our ideas and copied our products. We are fighting […]

The Content Filtering Hysteria… again

According to the Italian online newspaper Repubblica.it, the UN-appointed expert Frank La Rue expressed concerns about the effect of an upcoming copyright-related regulation announced by the Autorità per le comunicazioni (AGCOM an independent, State-appointed body superseding the broadcast and telco secondary regulation) on of free-speech. AGCOM is trying since longtime to enforce the French HADOPI […]

Street Photography, Right to be Alone and the Challenge of the Reasonable Privacy Expectation

Question: what does  street-photography has in common with Google’s indictment in the Mosley suit? Answer: both challenge the balance between reasonable privacy expectation and the right to be informed. There is a widespread attitude acknowledged by some European courts – namely, Italy and France – that grants legal protection to this alleged “right to be […]

Net-neutrality, Trojan Horses

In Italy the Codice delle comunicazioni elettroniche legally bind ISPs to guarantee the functionality and security of the network (both from a physical and logical perspective). This means that if traffic shaping is needed to handle traffic overload this can be done with no specific provision. Every proposal of nailing down traffic shaping options is […]

On Apple’s Adobe Flash Ban(g)

So, according to MacRumors, Apple’s explanation for the ban over Adobe’s Flash-to-Iphone compiler is deadly simple: Apple doesn’t want to loose its grip on the users. They invested monies in creating product, capturing a market and now want to raise fences to prevent other eating on theyr own dish (or, better, hunting in the same […]

Italian Antitrust to storm on Google News?

Yesterday  the Italian headline news announced that the Italian Antitrust, following  claims by FIEG (Federazione Italiana Editori e Giornali – Italian Federation of Publishers and Journals), opened an investigation against Google, “charged” with discriminating against those publishers who had denied the availability of their content in Google’s News platform. As I’ve pointed out in an […]

The Pirate Bay war. Does something changes for ISP’s liability?

The new episode of the Pirate Bay war leads to think that something is changing in judges’ mind in re: ISP liability. In the recent Swedish preliminary order neither is the final user the final target of a legal action, nor the ISP. The focus is on the sole and only possible defendant: the one […]

Corporate liability for copyright infringements in Italy?

Among the measures to fight the economic crisis announced by the Italian Government, sect. 15 para 1 lett. c) of the Anti-Crisis decree deserves a special mention: to put it short, the provision asserts corporate liability (under legislative decree 231/01)  for copyright infringement committed by top management. Although it may seems that the new law […]

Why “Olivennes Bill” wouldn’t work in Italy

“Olivennes Bill” (named after the French lobbyist who proposed it) on copyright protection has been blocked by the French Parliament a couple of days ago (but there is little doubt that French Government will try to have it approved ASAP.) If  (better, when) passed, this bill would have enforced a “parallel indictemnt system” handled by […]