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Copyright Giulio Coraggio 2018

 

What usage of keywords triggers a breach?The Court of Palermo (Italy) held that Google as an hosting provider is not obliged to monitor the AdWords keywords selected by its users but found liable a local rental company, Sicily by Car, for the usage of the trademark "maggiore" held by a major rental company, Maggiore Rent SpA, only when done in connection with the usage of AdWords "dynamic keyword insertion" tool allowing to show the selected keyword as ad text in the sponsored link when users were searching such term. Maggiore had challenged not only the conduct of Sicily by Car but also the contributory liability of Google because of its active role in the selection of AdWords keywords in breach of Maggiore's...

Regulatory restrictions to the growth of wi-fi networks have been waivedThe Italian Government just passed a decree clarifying that the access to Wi-Fi networks is free and does not require the collection of the users' details but only to ensure that the MAC address of the device is traced.Following the terroristic attack in London in 2005, stringent measures had been adopted requiring among others the collection of the details and of the copy of the IDs of those connecting to Wi-Fi networks. Such measures have been blamed for the delay in the development of free Wi-Fi networks in Italy and in 2010 have been repealed.However, the new decree from the Government has clarified that no identification obligation is on bars,...

400,000+ slot machines shall be replaced in the next months  Italian technical regulations on new version of comma 6A slot machines (also known as NewSlot 3 or AWPs) have been approved and this will lead to the replacement of over 400,000 machines generating almost € 500 million of aggregate gross revenues on a monthly basis.The purpose of these new regulations is to allow a modernization of the machines allowing new gaming modalities including the possibility for more players to play at the same time between them. Additionally, the new regulations should avoid that minors can gamble since a reader of the so called fiscal code card shall be installed on each machine preventing to gamble without having previsously identified the player....

  Is this court decision a € 2.5 bn save? The Public Court of Lazio Region cancelled the € 70 million aggregate penalties issued by the Italian gambling regulator, AAMS, against ten Italian videolottery concessionaires, but such decision might have a much higher value. Italian videolottery concessionaires have been facing a long battle with the Italian gambling regulator because of the lack of connection of their machines with the servers of the regulator at the time when the regulator's network had been set up between 2005 and 2008.    Indeed, in order to ensure the proper functioning of AWPs and videolotteries operated by Italian licensed entities and the accurate calculations of taxes due, the Italian regulator set up a very sophisticated network connecting the machines...

Implications of forum selection and applicable law clauses are often underestimated, but they become a major issue when outsourcing agreements have to be enforced. After having discussed about liabilitytermination and SLAs and penalty clauses, we will review the most often issues connected with such clauses.

An online pharmacy has been sanctioned with a fine of € 200,000 for unfair commercial practices connected to the sale of pharmaceutical products online.  Indeed, up until the full implementation of the EU Directive  2011/62/EU, the online sale of pharmaceutical products is prohibited under Italian law both for over-the-counter and prescription pharmaceuticals, while the defendant was advertising the fact that the sale was 100% compliant with applicable laws leading customers to underestimate the potential risks associated with such sale.  In this respect, it is interesting to see that the practice above has been sanctioned for breach of misleading advertising and unfair commercial practices regulations, since consumers had been misled on the legality of the online sale of pharmaceuticals and the conduct might potentially...

Betting exchange vs. sportbetting, who will win?As anticipated Italian betting exchange regulations have finally come into force, but the main question on which operators in the sector are questioning each other is the effect of betting exchange games on the sportsbetting market.The coming into force of the Italian betting exchange decree is an interesting change because betting exchange is the first betting product in Italy together with bets on virtual events subject to a tax regime based on gross profits rather than turnover. Indeed, the offering of betting exchange games will be subject to a tax regime of 20% of gross profits just  like casino and cash  poker games compared to sportsbetting games that face a tax regime between 2% and...