Court of Milan Holds Video Sharing Platforms Liable for Copyright Infringement

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Reti Televisive Italiane S.p.A. v Italia On Line S.r.l., Court of Milan, January 2011 (published 7 June 2011); Reti Televisive Italiane S.p.A. v Yahoo! Italia S.r.l. and Yahoo! Inc., Court of Milan, May 2011 (published 9 September 2011).
The Court of Milan found that the internet service providers Italia On Line and Yahoo! Italia were liable for copyright infringement in connection with the uploading of several videos on their platforms and that they could not rely on the hosting provider exemption under the E-Commerce Directive. The two decisions are particularly interesting as the Court of Milan ‘created’ from scratch a new category of internet service provider liability: so-called active hosting liability.

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