Ideas for a new reading of the law regulation of internet service providers
Abstract – 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.l gs. 70/2003 in order to align them, with the European directive, especially with regard to the hosting performance rules.
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