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Category Archives: P2P

Apple Patent on File Sharing to Infringe EU Copyright Law?

After having obtained a patent on a system to control the sales of “used” digital goods, according to ZDNet.com Apple has been awarded a patent that would allow users to share music, video, and pictures directly with each other – without having to worry about piracy. This patent is based on the idea that a […]

The Italian Copyright Levy To Legalize Digital Piracy?

The Italian Minister of culture, Franceschini (Democratic Party) issued the decree – effective by July 17, 2014 – that makes the copyright levy skyrocket up to 30 Euros per multimedia storage device. This levy (technically called “fair reward”) is supposed to compensate in advance the authors for the copy made by a user of a […]

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 […]

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 […]

Thepiratebay.org case. An Italian Court affirms a dangerous principle of law

N.B. Background information for this post are available here.  The Bergamo Court has overruled the preemptive seizure order with a decision that, instead of solving the problems arising from the first decision, creates worst issues. The Bergamo Court, in fact, has overruled the seizure, but only on the legal basis that “seizure” cannot be interpreted […]

The piratebay case. A dangerous decision

The Court of Bergamo (IT) issued an order of preemptive seizure against piratebay.org, a swedish website accused of copyright contributory infringement, by running a torrent search engine. The Court affirmed its jurisdiction even if there were no evidence of an actual involvement of Italian citizens, by not excluding, in theory, this possibility. If confirmed, this […]

Italian copyright law. A momentary lack of reason?

Yesterday the Italian Parliamen passed another amendment that adds Law 633/1941 (Copyright Law) Sect 70 bis thus allowing the free publication on the Internet of protected works (music and images) for cultural purposes. The law will enter into force as soon as it will be published in the Gazzetta Ufficiale (the official law list). Here […]

A comment on Skype’s outage-related official statement

So, at the end of the day, Skype explained the reason for the outage that broke its P2P network. To make a long story short, the point is that Skype relies upon a closed source approach (that slows the bug finding process) and on Microsoft technologies that, in that specific case, create the problem. This […]