6533b834fe1ef96bd129d0dc

RESEARCH PRODUCT

Spunti per una rilettura della disciplina giuridica degli internet service provider

subject

description

The essay addresses the issue of the so called Internet Service Provider's Liability under artt. 12-14 dir. 00/31, with specific regard to the violations of copyright. The study aims at demonstrating that European Law on ISP is not a law on tort, but regulates a sphere of lawful action in favor of Internet Service Providers. The analysis of the Court of Justice's case-law reveals that the primary remedy against offenses committed on the internet is an injunction, while damages are only a secondary relief. This confirms the hypothesis that artt. 12-14 dir. 00/31 draw the perimeter of the legitimate activity of the Internet Service Provider. The essay ends with a re-interpretation of the Italian provisions set forth at artt. 14-16 d.lgs. 70/2003 in order to align them, with the European directive, expecially with regard to the hosting performance rules.