Recent Posts

Copyright Giulio Coraggio 2018

 

The decree regulating the issue of new Italian remote gaming licenses contains also some interesting surprises for operators. The sample of the gaming account agreement attached to the new license agreement to be entered by both the current licensed operators and by the new entrants in the market provides.A GOOD NEWS: players will not be required to send to operators the executed copy of the gaming account agreement, but it will be possible to accept the agreement online through a "point and click";A BAD NEWS: players will still be required to send to operators the copy of their ID; andA VERY BAD NEWS: players will not be able to use payment vouchers until they have sent to the operator the...

The Advocate General of the European Court of Justice, Cruz Villalon, has issued a very interesting opinion on the possibility for courts to order Internet Service Providers (ISPs) to filter and block files infringing copyrights. The background information is the following: Sabam, the Belgian association of authors and editors, brought a claim against Scarlet for the breach of copyright in the musical works that were shared without the consent from the copyright owners through P2P software by means of Scarlet's network. On the basis of that Sabam sought the issue of an order requiring Scarlet to block or make impossible the sending or the receiving by Sabam's customers in any way of files containing a musical work, using P2P software, without the permission...

Life is getting harder and harder in Italy for search engines. After the recent dispute involving Yahoo!, the court of Milan has now issued another interesting decision on the liability of search engines with particular reference to a potential defamatory conduct arising through the usage of Google's service "suggest search". Google "suggest search" service is a software that suggests terms potentially connected to a word that the user is typing on Google search field to ease the identification of the most appropriate search results. A user had noticed that when his name was typed in Google search field, the software was suggesting also the words "fraud" and "fraudster". Such user alleged that such Google suggest search results were defamatory and therefore requested the Court of Milan to order to Google the removal...

The Court of Rome has issued a decision on the Internet liability of search engines that will lead to considerable discussions. PFA Films S.r.l., as exclusive licensee of exploitation rights on the movie “About Elly” of the director Asghar Farhadi, brought an interim injunction before the Court of Rome against Google Italy S.r.l., Yahoo! Italia S.r.l. and Microsoft S.r.l. (as owner of the search engine Bing) because of the breach of their IPRs through links to websites allowing the streaming view, the downloading or P2P transfer of the movie without PFA’s consent.

Do you have some questions about the new Italian remote gaming licenses or the decree on casino and cash poker games? Here is an opportunity that you cannot miss! On the 13th of April I will cover these issues in a webinar and I will be happy to answer all your questions.Feel free to contact me, Giulio Coraggio or visit http://www.italiawebinar.com/, if you need more information. ...

After the final approval of the decree regulating the issue of new Italian gaming licenses and of the decree on casino and cash poker games, here are the final FAQs to help operators willing to apply for one of the Italian online gaming licenses: Q. - Why do I need an Italian gaming license to enter into the Italian gaming market? My company already holds a foreign gaming license, what are the benefits of an Italian gaming license? The offer of games to Italian residents without an Italian gaming license is subject to criminal sanctions and, as the recent Betfair case proves, AAMS is adopting a more stringent approach against non-licensed websites. Q. - Do I need that my company is established in...

The Italian Gambling Authority (AAMS) has now published the decree on the new Italian remote gaming licenses (the so called "Comunitaria Decree") that also regulates the upgrade of the current licenses.We expect that AAMS will publish tomorrow the implementing decrees on the its website. This is a great news as the publication of the Comunitaria Decree starts the process necessary for the launch of casino games and cash poker games. Once the current operators have completed the upgrade of their license to the requirements prescribed by the Comunitaria Decree they will be able to launch casino games and cash poker games. I will follow up with an update on the matter when the implementing decrees will be published. In the...

The Italian Communication Authority (AGCOM) has recently published two regulations concerning (i) web-based linear audiovisual media services (such as WebTVs) and (ii) on-demand audiovisual media services broadcast on any electronic communication network. The most relevant change introduced by the regulations is that both services are now subject to a prior authorisation from the AGCOM and therefore a number of services whose offering was not regulated so far are now subject to stringent obligations. A number of exceptions are applicable to the prior authorization requirement (e.g. when the WebTV broadcasts no more than 24 hours per week) or falls within some maximum turnover limits. However, the applicability of the regulations also triggers some additional obligations relating to the protection of minors,...

After more than a year of delays, the Italian decree regulating online poker cash games and casino games has finally been published on the Italian Official Gazette and therefore has now come into force. No real surprises have been unveiled by the decree. Indeed, as already prescribed by the previous version of the decree, subsequently challenged by Italian network provider Microgame, it introduces the following changes: Tax on casino and cash poker games will be 20% of gross profits. This is an historical change for the Italian gaming market, as all the other games currently offered have a taxation regime based on turnover rather than profit. Hopefully this new tax regime will not lead to lower tax entries and convince...