Domestic Courts have jurisdiction over copyright infringements committed through a foreign-based cloud. With its 4 November 4, 2022 ruling, the XIV Section of the Milan Tribunale delle imprese (Business Court) marks a significant point – although still only of merit – in the fight against online piracy – by Andrea Monti – Initially published in Italian by IlSole24Ore Continue reading “Foreign Cloud must block copyright-infringing access”
The problem with the cookie wall is not the cookie wall
Some online newspapers recently chose to make previously free columns available in exchange for consent to processing (non-personal) data. This choice has raised protests among users, and the announcement of an in-depth analysis by the Italian Data Protection Authority (from which, but this is another story, an answer is still awaited on the question of the possibility for the American authorities to request data on European citizens located in the EU) by Andrea Monti – Initially published in Italian by Strategikon – an Italian Tech blog Continue reading “The problem with the cookie wall is not the cookie wall”
The dispute between Macron and Domain Name Governance
At the end of 2021, the French media spread the news of a legal action brought by Republique En Marche, the party founded by French President Emmanuel Macron, against a publisher that publishes satirical cartoons on the domain enmarche2022.fr. The dispute concerns the ownership, or rather the way of using a domain name – enmarche2022.fr, precisely – that Macron’s party considers detrimental to its image in the view of the upcoming political elections. by Andrea Monti – Initially published in Italian on Strategikon – An Italian Tech Blog. Continue reading “The dispute between Macron and Domain Name Governance”
Privacy for Sale. Just call it ‘Right to Personal Image’
On 16 June 2009, the Italian Supreme Court made public a ruling recognising the right of the well-known plaintiff Cgt to obtain compensation for damages to his privacy and his right to image caused by the publication of photographs that had portrayed him in August 2009, in an intimate relationship with his partner Ca.El. in the park of (omissis), in the Municipality of (omissis). The ruling does not say whom Cgt and (although not a party to the proceedings) Ca. El. are because the protagonists of the affair had asked that their respective personal details not be disclosed. However, with patience, the mystery will be revealed at the end of the text, the (understandable) curiosity satisfied and the paradox of privacy revealed by Andrea Monti – Originally published in Italian on Strategikon – an Italian Tech Blog.
Continue reading “Privacy for Sale. Just call it ‘Right to Personal Image’”
An early reading of the Facebook v Business Competence trials
Unfair competition by feature plagiarism. The Courts of Milan issue two verdict that might pose severe problems to the software industry by Andrea Monti – originally published in Italian by Diritto di internet
The two judgments of the Tribunal and the Court of appeal of Milan rewrite the parameters for the assessment of software duplication in the context of deceptive conduct by favouring the external appearance (interface and functionality) over the traditional approach based on the comparison of the analysis (design) and the source code (implementation/expressive method).
The opportunity missed by the judgments, based as to the an on external similarities of the two pieces of software at issue, is to indicate how Article 2(I)(8) (which excludes from copyright protection
the ideas and principles underlying any element of a program, including those underlying its interfaces. The term program also includes the preparatory material for the design of the program itself
and Art. 45 of Legislative Decree 30/05 which, in paragraph II, excludes the legal protection of mathematical methods (i.e. algorithms).
The effects of these decisions on the software industry, historically based precisely on the replication of functionalities, and the structure of liability under industrial law are still to be assessed.