The document summarizes the AGCOM Regulation in Italy, which establishes an administrative procedure for addressing online copyright infringement. AGCOM, the Italian communications authority, can order websites and hosting providers to disable access to infringing content or entire websites. Right holders can file takedown notices that trigger a preliminary assessment and potential blocking orders. Hosting and access providers face fines if they do not comply with blocking orders within 3 days. The procedure aims to quickly and effectively address online copyright infringement but has been criticized for lacking proper due process and risking disproportionate impact.
Neighbouring rights for publishers: are national and (possible) EU initiative...Eleonora Rosati
To tackle the financial difficulties facing the newspaper industry, different solutions have been advanced in Europe. These have resulted in either the conclusion of consensual agreements or the adoption of national legislative initiatives to create sui generis rights over news content. Currently also the EU Commission is considering whether a neighbouring right for publishers – whether in the press sector alone or also other sectors – should be proposed for adoption at the EU level.
This contribution discusses: (1) the compatibility with EU law of national legislative initiatives that have resulted in the creation of sui generis rights for press publishers; and (2) whether a neighbouring right for publishers may be adopted at the EU level and, if so, what changes of the copyright acquis are required. It concludes that, while the former may be contrary to Member States’ obligations under EU law, the latter may be pursued by amending relevant directives.
Neighbouring rights for publishers: are national and (possible) EU initiative...Eleonora Rosati
To tackle the financial difficulties facing the newspaper industry, different solutions have been advanced in Europe. These have resulted in either the conclusion of consensual agreements or the adoption of national legislative initiatives to create sui generis rights over news content. Currently also the EU Commission is considering whether a neighbouring right for publishers – whether in the press sector alone or also other sectors – should be proposed for adoption at the EU level.
This contribution discusses: (1) the compatibility with EU law of national legislative initiatives that have resulted in the creation of sui generis rights for press publishers; and (2) whether a neighbouring right for publishers may be adopted at the EU level and, if so, what changes of the copyright acquis are required. It concludes that, while the former may be contrary to Member States’ obligations under EU law, the latter may be pursued by amending relevant directives.
Leaving the European Safe Harbor... sailing towards algorithmic content regul...LawScienceTech
Talk on 19.3.2019 at the University of Oslo on the EU's push for algorithmic content regulation related to: copyright, all forms of illegal content, and terrorist content.
Presentation "PPPs and concessions, the planning, procurement, implementation and management" made during the SIGMA workshop on Auditing Public Private Partnerships and Concessions. Ankara, 2-3 May 2018. Presentation made by Mag. Martin Oder, LL.M., SIGMA.
A bipolar system of copyright in the Internet environment (Presentation title)Dr. Marinos Papadopoulos
Presentation in the 6th International Conference on Information Law & Ethics
"Lifting Barriers to Empower the Future of Information Law and Ethics" (Conference title)
University of Macedonia
Thessaloniki, Greece, May 30-31, 2014
IP Revolution? Scenarios for the future - How to find your way in IP alternative Dispute Resolution?
Part 1: ADR for disputes involving SEPs (Standard Essential Patents) in the Telecoms and IT sectors
IP Revolution? Scenarios for the future. How to find your way in IP alternative Dispute Resolution? Part 2: Life Sciences. ADR for patent disputes in the Life Science sector
This summarises my full report on the role and responsibilities of online intermediaries re copyright infringement, June 2011. The conclusion is that the rush to graduated response solutions is premature given their drawbacks and that legal attention should first go to creating better legal frameworks for facilitating legal online content delivery.
Leaving the European Safe Harbor... sailing towards algorithmic content regul...LawScienceTech
Talk on 19.3.2019 at the University of Oslo on the EU's push for algorithmic content regulation related to: copyright, all forms of illegal content, and terrorist content.
Presentation "PPPs and concessions, the planning, procurement, implementation and management" made during the SIGMA workshop on Auditing Public Private Partnerships and Concessions. Ankara, 2-3 May 2018. Presentation made by Mag. Martin Oder, LL.M., SIGMA.
A bipolar system of copyright in the Internet environment (Presentation title)Dr. Marinos Papadopoulos
Presentation in the 6th International Conference on Information Law & Ethics
"Lifting Barriers to Empower the Future of Information Law and Ethics" (Conference title)
University of Macedonia
Thessaloniki, Greece, May 30-31, 2014
IP Revolution? Scenarios for the future - How to find your way in IP alternative Dispute Resolution?
Part 1: ADR for disputes involving SEPs (Standard Essential Patents) in the Telecoms and IT sectors
IP Revolution? Scenarios for the future. How to find your way in IP alternative Dispute Resolution? Part 2: Life Sciences. ADR for patent disputes in the Life Science sector
This summarises my full report on the role and responsibilities of online intermediaries re copyright infringement, June 2011. The conclusion is that the rush to graduated response solutions is premature given their drawbacks and that legal attention should first go to creating better legal frameworks for facilitating legal online content delivery.
SOPA, OPEN, ACTA and parallel copyright reforms in Europe, The right way to t...beamatinet
Conference Jan. 23 2012, Stanford Law School on SOPA, OPEN, ACTA and parallel copyright reforms in Europe, The right way to tackle online infringement?
(by @beamartinet)
El Acta de derechos de autor digitales del milenio (en inglés Digital Millennium Copyright Act o DMCA) es una ley de copyright (derechos de reproducción) de Estados Unidos que implementa dos tratados del año 1996 de la Organización Mundial de la Propiedad Intelectual (OMPI). Esta ley sanciona, no sólo la infracción de los derechos de reproducción en sí, sino también la producción y distribución de tecnología que permita sortear las medidas de protección del copyright (comúnmente conocidas como DRM); además incrementa las penas para las infracciones al derecho de autor en Internet.
Por su parte, la Directiva 2001/29/CE del Parlamento Europeo y el Consejo del 22 de mayo de 2001 sobre la armonización de ciertos aspectos del derecho de autor y derechos relacionados en la sociedad de la información de la Unión Europea, conocida comúnmente como Directiva de la Unión Europea sobre derecho de autor (o EUCD, del inglés European Union Copyright Directive) es una directiva europea que se transpone en el Tratado de la OMPI sobre Derecho de Autor de 1996.
A Report On The Patents Act, 1970 [Case Study : Apple Vs Samsung]Navitha Pereira
This report discusses about the Patents Act, 1970, and the purpose of a patent. It also goes through the case of Apple Vs Samsung and the judgement given by the court.
Presentation delivered at the EUI in Florence during the FSR C&M, CMPF and FCP Annual Scientific Seminar on 'Competition, Regulation and Pluralism in the Online World' (22-23 March 2018).
Danny Friedmann, Sinking the Safe Harbour with the Legal Certainty of Strict ...Danny Friedmann
In both the EU and US, there are safe harbour provisions in place that should, under certain conditions, provide online service providers (OSPs) with immunity in the case of intellectual property infringement by third parties. However, the significant litigation against OSPs demonstrates that the safe harbour provisions are neither effective nor efficient. By providing OSPs with immunity against third party liability, safe harbour provisions contribute to a climate where the behaviour of OSPs is dominated by short-term business interests which are conducive neither to the enforcement of intellectual property rights by the OSPs nor to legal certainty for proprietors, internet users and OSPs alike.
The precondition for invoking safe harbour provisions, that one remain passive and only act reactively, leads to wilful blindness, although OSPs are best positioned to filter infringing use of content proactively. This article therefore asserts that the safe harbour provisions must be replaced by strict intermediary liability. As will be pointed out below, this transition is not as dramatic as it seems.
Safe harbours provisions were drafted at a moment when OSPs, as social media, still needed to be developed. They do not protect proprietors against infringement. Moreover, the protection of OSPs against liability is an illusion. If one extrapolates the development in filter technology one can see that advocating safe harbour provisions has become a rearguard battle and that implementation of strict liability for OSPs is inescapable.
Rage against the Censorship Machine (aka copyright directive)Kirsten Fiedler
tl;dr: It's high time to get active and rage against the censorship machine!
Short presentation on the EU copyright directive and its potential implications for human rights - and the internet as we know it.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Alberto Bellan - The AGCOM Regulation in Italy: Nessun dorma
1. The AGCOM Regulation in Italy:
Nessun dorma
#happykat #ddaonline
London, 1 April 2014
@albertobellan
copyright + enforcement = happiness?
2. @albertobellan #happykat #ddaonline
We tell emotions, interact with people, and create contents
Today the web allows creativity to grow up, but someone obstacles its development
by exploiting unlawful contents
Get informed, get fun and share experiences with lawful digital works, you will allow
culture to keep flourishing
The Regulation on Online Copyright is available on agcom.it.
Digital works are a value, for all.
h"ps://www.youtube.com/watch?v=DeblW6o0Eso
3. In the beginning, there was safe harbour
(2) This Article shall not affect the
possibility for a court or administrative
authority, in accordance with Member
States' legal systems, of requiring the
service provider to terminate or
prevent an infringement.
(3) This Article shall not affect the
possibility for a court or administrative
authority, in accordance with Member
States' legal systems, of requiring the
service provider to terminate or prevent
an infringement, nor does it affect the
possibility for Member States of
establishing procedures governing the
removal or disabling of access to
information.
access and caching P
Articles 12 and 13, E-Commerce Directive
hosting P
Article 14, E-Commerce Directive
@albertobellan #happykat #ddaonline
4. Meet the administrative authority
AGCom is the Italian Communication Authority, a public, independent
authority having regulatory and supervision powers over
telecommunication issues.
On its own motion [ie, without a specific parliament’s mandate, which really
surprised Merpel], AGCom conceived a regulation on online copyright
enforcement (allegato A to the Delibera n. 680/13/CONS del 12 dicembre
2013).
The first draft was released in Summer 2013 for public consultation among
stakeholders. Also, it was notified to the EU Commission.
In December 2013, AGCom received the EU Commission’s response letter
and declared the public consultation closed.
The Regulation came into force yesterday.
@albertobellan #happykat #ddaonline
5. AGCom Regulation in a nutshell
AGCom’s orders target
access and hosting providers
only, NOT final users
AGCom’s orders, AGCom’s
huge economic sanctions in
case of non compliance
Administrative NTD procedure
managed by AGCom,
independent from “private” NTD
Only copyright and related rights
under Italian Copyright Law
(“ICL”), NOT trade marks or
other IPRs.
It’s online and free.
@albertobellan #happykat #ddaonline
6. Protection of “digital works”
“a
work,
or
parts
thereof,
with
audio,
audiovisual,
photographic,
videoludic,
editorial
and
literary
nature,
including
the
applicaEve
programs
and
the
computer
operaEng
systems
protected
under
ICL”
(copyright
+
related
rights)
Article 1(p) of the Regulation
@albertobellan #happykat #ddaonline
7. Standing up for your copyrights
“A
legiEmate
subject
who
considers
that
a
digital
work
is
made
available
on
an
internet
page
in
violaEon
of
ICL
is
enEtled
to
file
a
takedown
request
to
the
Authority”
Article 6(1) of the Regulation
right holders
licensees,
collective
societies
?
@albertobellan #happykat #ddaonline
8. Start of the preliminary phase
uploader webpage/website
manager
ISPs
AGCom performs a first assessment on the notice, then it issues a first communication to
(if reachable)
uploaders and those who manage the website or the
webpage where the contested content is made available
can take part to the proceedure but cannot be targeted by
AGCom’s orders or fines, which are exclusively directed
towards hosting and access providers.
Article 7 of the Regulation
@albertobellan #happykat #ddaonline
hosting?
10. End of the preliminary phase
Dear Sir, !
!
Please see the attatched notice of infringement.!
!
Would you be so kind to remove the infringing content
spontaneously? !
!
If not, please tell us why by filing a defensive brief.
The end
Judging panel
Spontaneus
take down
No reply
Defensive
brief
@albertobellan #happykat
11. Judging panel’s orders
After examining the case, the judging panel my issue the following orders:
selective
takedown
Access may be restored by
proving to have removed the
contested contents
disable access to the
website
(massive infringement)
Italian access providers
ordered to disable access
to the website
Hosting provider
located in Italy
Hosting provider
located abroad
@albertobellan #happykat #ddaonline
Article 8(3) of the Regulation
Article 8(4) of the Regulation
12. Ruthless financial sanctions
Hosting and access providers shall comply with AGCom’s orders
within 3 working days from the service thereof, otherwise they
may be fined between approx. EUR 10,000 and 258,000.
Possible fines are due for non compliance with AGCom’s orders. They go to the
Italian State. There is no assessment on ISPs’ liability for copyright infringement.
@albertobellan #happykat #ddaonline
Article 8(7) of the Regulation
13. 2 procedures: fast and faster
notice
notice
7
WD
start
5
WD
removal, reply,
judging panel
3
WD
start
3
WD
removal, reply,
judging panel
w/i
35
WD
from
noEce
order
w/i
12
WD
from
noEce
order
@albertobellan #happykat #ddaonline
Abridged procedure in case of massive infringement
Article 9 of the Regulation
14. Court proceedings and AGCom procedures
AGCom’s orders and fines may be appealed
to the Italian Administrative Court (TAR).
Court proceedings and AGCom procedure
are alternative. Court actions have
precedence over AGCom’s procedures.
AGCom procedure is prevented when a
cout proceedings is pending (article 6(3)). It
is suspended if “the claimant” brings
proceedings before the Court (article 7(7)).
@albertobellan #happykat #ddaonline
Article 17 of the Regulation
15. Similar procedure for copyright protection
on traditional media
Linear and non-linear services
(Articles 10 – 14 of the Regulation)
@albertobellan #happykat #ddaonline
17. Fastissimo copyright enforcement, in the even faster internet.
Right to be heard in principle guaranteed.
Detailed claims, vs active provider theory widely adopted by
Italian case law.
Courts’ backlog likely reduced.
@albertobellan #happykat #ddaonline
18. Administrative fines blatantly disproportionate.
Right of defence safeguarded in the faster procedure?
Some parts are unclear and arbitrary?
Blocking of foreign websites for 1 content. Really? Really?!?
@albertobellan #happykat #ddaonline
19. What about baby startups?
@albertobellan #happykat #ddaonline
The AGCom regulation and the reality