The Court of Justice of the European Union on the boundaries of copyright trolling legitimacy  

Copyright trolling refers to the practice of acquiring rights of economical exploitation on protected works for the sole purpose of claiming compensation for damages from those who infringe such rights. The place of choice for this activity can only be the Internet and, in particular, peer-to-peer networks which, as peer networks, guarantee users the sharing […]

Hosting providers are responsible if there is reprocessing of information

The Italian Administrative Court, with the recent judgment n. 3851/2021, ruled on the responsibility of the hosting provider in light of the legislative decree 70/2003 which implemented Directive 2000/31/EC. As the Italian Administrative Court recalls: “The provider is the entity that organizes for its users the offer to access to the Internet and the services connected […]

Posting pictures of a celebrity without their consent creates a damage that must be compensated

The Court of Cassation, with order no. 17217 of June 16th 2021, reiterated the compensation for financial damage in the case of unlawful publication of celebrities’ personal data. The story, which began in 2009, had as its protagonist an internationally renowned actor photographed while being intimate with his partner during a holiday in Italy. The […]

The owner of a luxury brand has the right to oppose sales through unauthorised e-commerce

The Court of Milan, with the order n. 3755 of 11 May 2021, established that sales methods, even through online sites, of a retailer outside the selective distribution network of a luxury brand that are detrimental to the prestige and reputation of the same can be prevented. In this case, in fact, the principle of […]