Its not important who you are, but what you do! Recent Italian case-law on provider liability
Por: Felix Hofer
1. The stir caused by the so-called "Google Case" had not entirely faded, when the issue of 'provider liability' shifted again in the focus of Courts on both sides of the Atlantic, in the US as well as in a number of European countries.
The lawsuits primarily involve problems originating from the use of particular marketing techniques (such as online searches making use of keywords identical to registered trademarks) and from the presence on online platforms of third party (user generated) content, practices both deemed eventually capable of infringing on intellectual property rights. One of the main legal issues flagged to the Courts' attention is that of assessing to which extent providers – delivering "communication services" - may benefit from liability exemptions with respect to illegal conduct performed or illegal content uploaded by their clients.
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