Yahoo! is a passive hosting provider obliged to remove copyright infringing material only following a detailed notice from the rights' holder and without any filtering obligation in relation to future potentially infringing videos.
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Internet liability
Here are some interesting articles on Italian and international internet liability law related issues drafted by either Giulio Coraggio or the other authors of GamingTechLaw.
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TripAdvisor has been sanctioned by the Italian competition authority (AGCM) for the misleading advertising claims relating to the truthfulness of the reviews published by their users on the site that according to the AGCM cannot be guaranteed. This case might trigger considerable risks also for other social media and fashion blogs.
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Internet liability principles are increasingly tested with the growth of social media. And we receive a large number of requests of advice from clients running a fan page, a group or a list on social networks dedicated to either their company trademark/brand or to one of their major products in relation to the liability for the contents published on such fan pages.
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Yahoo! does not have to remove the links to the copyright protected videos belonging to RTI available through the results of its video search engine since the Court of Milan held that in the provision of such service it is a caching provider rather than an active hosting provider as previously held with reference to Yahoo! Video.
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Right to be forgotten related issues have become a very popular after the decision of the European Court of Justice against Google on the matter. And interesting topics arose from the public meeting held yesterday in Rome by Google's Advisory Council with some local experts to discuss how the ruling on the right to be forgotten should be adopted.
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The Internet liability regime for hosting providers have been subject of different interpretations by courts in Italy and a new interesting position came up with the decision of the Court of Turin (Italy) involving YouTube and Google which overturned its initial decision of a few months ago introducing new principles of Internet liability for online operators.
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There is no need of a web tax dedicated to digital companies according the report from the Expert Group on Taxation of the Digital Economy established by the European Commission, but the current general rules should be applied also to digital companies. However, recent court decisions and delegation laws leave some risks open in relation to the Internet liability regime of web companies for tax purposes.