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Copyright Giulio Coraggio 2018

 

The European Court of Justice (ECJ) held that the video streaming of television broadcasts by a third party triggers a copyright breach, but what are the consequences on recent Italian case laws? In a case involving TV Catchup a service allowing the live streaming of TV broadcasts on computers, smartphones or games consoles only by the people located in the area where such persons could legally watch the program under their TV license, the ECJ held that the copyright owner's right to authorize a "communication to the public" extended to the retrasmission of terrestrial television broadcast works performed by any entity other than the broadcaster and even if the streaming was available also in a limited area where subscribers could legally watch the...

WhatsApp, the instant messaging application, has been requested by the Italian Data Protection Authority (DPA) to provide details on the processing of data concerning Italian users.Following the investigation by the Canadian and Dutch DPAs, the Italian authority requested the Californian company to clarify the types of data collected and used as part of the service, the modalities and term of storage of such data, the security measures implemented to limit the risk of access to the data by third parties and in particular whether tools aimed at preventing the illegally access to the content of messages exchanged through the application have been put in place. The investigation arose since the DPA found out that in order to use the service,...

As anticipated, Google's managers have been acquitted by the Italian Court of Appeal in the privacy-related dispute famous as Vividown. The reasoning of the decision has now been published and it is interesting to see that the court based its decision on the absence of any monitoring obligation on Google as to the videos published on Google Video.Indeed, according to the court not only was Google not obliged to monitor the contents published by the users, but also, given the volume of videos that had been published on Google Video on a daily basis, a potential monitoring obligation would have triggered a filtering obligation that could not be technically totally reliable especially at the time of the challenged events in 2006.  Interestingly, the...

The Italian Supreme Court (the Corte di Cassazione) issued two interesting decisions on remote monitoring of employees' working activity which as already reported is subject to considerable restrictions under Italian employment and privacy law.The Court in the first case held that it was illegal the usage of a software monitoring the calls of a call centre assistant suspected to have performed a very large number of calls lasting less than 15 seconds (i.e. a duration not sufficient to allow customers to outline their questions and give a response) and to have performed a substantial number of personal calls. In such case, the protection of the employee's privacy right prevented a monitoring activity aimed at ascertaining a breach of the employment...

The Italian gaming authority has published the data of the Italian online gaming market relation to year 2012 unveiling some very interesting information. First of all, the massive success of the launch of online slots has been confirmed with an increase of the spending between the month of November and the month of December when such games had been launched of 40% reaching a spending during that month even higher that poker cash games.  This might be partially due to the effect triggered by the novelty of a new type of game, but might be also due to the contraction of the Italian black market with players switching from unlicensed to licensed websites once that the same games have become available.  As to the other games both bingo and...