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IRIS 2011-7:1/30 [IT] The Yahoo! Decision on the Removal of Links that Infringe Copyright

A recent decision of the Court of Rome established for the first time liability for contributory infringement for search engines that do not take an active role in combating online piracy. The Ninth Section of the Court of Rome accused Yahoo! of cooperation with (or failure to combat) online piracy. For ignoring the letter of formal notice from the copyright holders of the Iranian film “About Elly”, Yahoo! Italy was found to have become an accessory in the spreading of pirated links. The compatibility of this decision with the EU’s E-Commerce Directive’s provisions on the non-responsibility of...

IRIS 2011-5:1/30 [IT] Public Consultation on Spectrum

On 23 March 2011 The Italian telecoms regulator, Agcom, launched a consultation on the allocation of wireless frequencies in the 800, 1800, 2000 and 2600MHz bands, and re-farming of the 900, 1800 and 2100MHz bands. The aim of the consultation is to verify the need for limitation of access to those bands and to determine the competence of the authority in its regulatory role. The consultation is open for 30 days.

IRIS 2011-5:1/29 [IT] AGCOM Launches Public Consultation on Digital Television Dividend

On 24 March 2011, AGCOM launched a public consultation on the deliberations of the authority that lays down the procedure for assigning the frequencies of the digital television dividend and for the other frequencies available for broadband mobile systems. This also includes the rules that ensure efficiency and conditions for competition in the use of radio spectrum. The deliberation proposes rules that are beneficial for the whole mobile electronic communications sector. It sets out the conditions for the entry of new competitors into the mobile market, including the best conditions possible for...

IRIS 2011-5:1/28 [IT] AGCOM Launches Public Consultations on Net Neutrality, and on Peer-to-Peer and VoIP

Net neutrality, and Peer-to-Peer and VoIP are priorities for the Italian authority, as stated in a recent press release. The first public consultation will be on the results of a survey into consumer protection and competition protection relating to the VOIP and Peer-to-Peer mobile services. After approval of the final version the public consultation was launched. The study of VOIP and P2P had the aim of analysing the new challenges of the mobile sector from a broad perspective, the changes in the market, the legal and economic aspects, and the technical implications. The purpose was to receive...

IRIS 2011-5:1/5 European Commission: The Commission Finishes the Preliminary Analysis of AVMS Implementation Measures

The European Commission has finished the preliminary analysis of the measures implementing the Audiovisual Media Services (AVMS) Directive into national law notified by 16 Member States: Belgium, Bulgaria, Czech Republic, Denmark, Finland, France, Greece, Ireland, Italy, Malta, the Netherlands, Romania, Spain, Sweden, Slovakia and the United Kingdom. Subsequently, the European Commission has sent fact-finding letters to these states inquiring about these implementing measures. The Commission is thus seeking to ensure that all provisions of the AVMS Directive have been correctly transposed into...