HIGH TECH LAW: The Digital Legal Frame in Italy: An Overview of Contracts, Digital Content Protection and
ISP Liabilities Emerging Issues (Milano, Giuffré, 2015)
The volume offers an updated outline on fundamental issues of
High Tech Law in Italy an the EU legal frame.
Main themes covered include:
– Origins and recent developments of italian High TechLaw and key legal sources;
– EU Digital Single Market (DSM)
– Technological Innovation and Contract Law:
– Virtual Contract and Consumers protection;
– The Forms of the Virtual Contract: Electronic Signaturesand Point and Click;
– Intellectual Property Protection of Digital Content under new italian notice and take down AGCOmadministrative procedure
– Internet Service Provider Liabilities and Digital Content Protection
The Author focuses, in particular, on the following main themes:
– legal frame of new markets of the virtual space and new rules of consumer protection and contract consumptionof goods and services online under the cathegory of virtual contract;
– point and click acceptance button as elective mean of closing virtual contract in a narrow sense: this procedure for formation/form is in current e-commerce the most common mode of manifesting consent to conclusion of the virtual contract under the ligh of novel Legislative Decree of 21 February 2014, n. 21 in implementation of the EU Directive of 25 October 2011 n. 83 to Consumer Code;
– digital content online distribution, the problem of the adaptation of means of protection and the responsabilities of the various figures of parties operating in the Internet, ISP in particular;
– analysis of complex process that led to the approval and main rules of the controversial – nor for the Author nor for the Digital Content stakeholder but for ISP Association mainly – AGCom Regulation No. 680 of 12 December 2013 on “Protection of copyright on electronic communications networks and implementation procedures under Legislative Decree 70/2003”, which entered into force on 31 March 2014;
– the central role played by the “intermediaries” – or more precisely – the providers of information society servicesgoverned by the EC Directive Article 1, paragraph 2, of the Directive 98/34/EC as amended by Directive 98/48/EC;
– need to reform of different liabilities regime service providers now based on the following “old” legislativesubjective qualification updated by case law under consolidation:
o ISP who only provide a passive diffusion of content and are merely “intermediaries” of technical services of mere conduit, caching and hosting (EC Directive 31/2000 and Legislative Decree 70/2003): the passive Internet Service Providers;
o service providers that do not simply provide a passive diffusion of content but interfere actively in the development and or final presentation of it: the active Internet Service Provider emergingqualification originated by recent case law evolution;
o digital content providers: namely the Internet Content Providers.
– Copyright UE framework update and need of europeanharmonization of notice and take down procedures in order to obtain uniform protection in the DSM and avoid lack of clarity of the role of intermediaries in assisting in enforcement of IP rights considered the growing involvementof these intermediaries in content distribution.
EMILIO TOSI- Tenured Universitary Researcher in Private Law he is Adjunct Professor in Private Law and High Tech Law atUniversity of Milan “Bicocca”.
Author of many studies in Information Technology Law, ContractLaw and Corporate Law published on main Law Journals and of the following monographs: I contratti di informatica, Milano, 1993; e Il contratto virtuale. Procedimenti formativi e forme tra tipicità e atipicità, Milano, 2005.
In the Series “Diritto delle Nuove Tecnologie” – directed by the selfsame with Vincenzo Franceschelli – has edited the opening selection of studies on Le regole giuridiche del commercio elettronico, Milano, 2003; and the monographs Diritto Privato dell’informatica e di Internet, Milano, 2006; e Contratti informatici, telematici e virtuali, Milano, 2012.
He has edited also Il Codice dell’informatica e di Internet, La Tribuna, Piacenza, 2000 first italian selection of laws on high techlegal sources, now at its eights edition.
He is Author of Rivista di Diritto dell’informazione e dell’informatica e della Rivista di Diritto Industriale.