Recent Posts

Copyright Giulio Coraggio 2018

 

After a never-ending waiting, the Italian casino games and cash poker games decree has been finally published on the Official Gazette and has now come into force. In a nutshell the decree prescribes that:operators need to go through an authorization process relating to their platform and each game they intend to offer; the gaming tax applicable on cash games and casino games is 20% of the revenues (i.e. turnover net of amount returned to players);at least 90% of the amount collected from players is allocated to the prizes;the maximum initial stake cannot be higher than € 1,000.Also, the decree increased up to € 250 the maximum buy-in for skill games (including tournament based poker games) and also allowed the organization...

It seems that the tolerance of the Italian Gaming Authority (AAMS) to the unlawful offer of remote games to Italian residents in absence of an Italian remote gaming license has now reached an end. AAMS has challenged to Betfair Italia, the company of the Betfair group holding an Italian remote gaming license (under which it runs the website www.betfair.it) the breach of the provisions of the Italian gaming license agreement prohibiting the offer, also through affiliate companies, of games to Italian residents in breach of Italian law. Indeed, Italian law allows the offer of remote games to Italian residents only under an Italian gaming license. However, despite of the applicable sanctions, apparently Betfair was still offering its games to Italian...

The Italian Competition Authority (AGCM) has now closed the proceeding against Google concerning the abuse of dominant position with reference to Google News, subsequently extended also to Google AdSense. The Italian Competition Authority has accepted the undertakings submitted by Google relating to: the setting up of a dedicated software allowing editors to “opt-out” to Google News i.e. to prevent their news to be displayed among Google News results without affecting their indexing among Google Search results; and the implementation of a higher level of transparency in the revenue sharing criteria implemented in the management of Google AdSense.However, this decision is interesting also because it gave the opportunity to the Italian Competition Authority...

The main topic during this week in the gaming industry seems to be…, are you in London next week?Well, I will be in London from the 23rd to the 25th attending the Legal Gaming in Europe Summit 2011 and on the 25th the ICE.Do you want to meet up to discuss about the Italian gaming market in front of a good English beer? Just send an email to me, Giulio Coraggio....

The Italian Communications Authority (AGCOM) has launched a public consultation aimed at setting new regulations on the protection of copyright on electronic communications networks that include both Internet and television networks. The document attached to the public consultation notice sets out the guidelines of the regulations that AGCOM is willing to issue and addresses specific questions to operators interested in joining (within 60 days) the consultation. The consultation is relevant for ISPs as AGCOM's guidelines refer to the adoption of a "notice and take down" system modelled on the US Digital Millennium Copyright Act (DMCA) and based on the following 5 steps:notice of the copyright owner to the ISP/provider of audiovisual contents; in case of lack of removal of the contents,...

The Advocate General of the European Court of Justice issued an interesting Opinion on the dispute L'Oréal vs. eBay relating to the purchase by eBay of keywords (e.g. AdWords keywords) identical to L'Oréal's registered trademarks linking to eBay listings offering for sale both infringing goods and non-infringing goods and whether eBay could be deemed liable for the trademark infringement performed through the goods traded on its platform. The Advocate General held, among others, that:"if the nature of an operator as a marketplace is sufficiently clearly communicated in the ad displayed with the search results of an internet search engine, the fact that some users of that marketplace may infringe a trade mark is as such not liable to have an adverse effect...

The European Court of Justice has issued an interesting decision in relation to the rules of jurisdiction applicable to contractual relationships between consumers and websites based in other EU Member States. According to the EU Regulation 44/2001 on the jurisdiction and the enforcement of judgments in civil and commercial matters, the courts of the domicile of the consumer have jurisdiction in case of disputes between a trader and a consumer based in two different EU Member States when the former “directs such activity to that Member State”.The ECJ clarified the scope of such provision in relation to websites stressing that the mere accessibility of a website on the Internet is not sufficient to meet such “targeting requirement” but:“the trader [i.e. the...

The never ending saga of the Italian decree regulating cash poker games and casino games seems to be almost over. The Administrative Court of Lazio Region rejected the claim brought by one of the major Italian gaming operators, Microgame, against the decree. Indeed, earlier this year, the Administrative Court of Lazio Region had ordered the temporary suspension of the efficacy of decree because of the alleged inconsistency between the decree notified to the European Commission and the one subsequently approved by the Italian Gaming Authority (AAMS).Pending the temporary suspension of the decree, AAMS re-notified the decree together with all its technical specifications to the European Commission and the court now held that such second notification has actually "cured" the challenged...

After the launch of the videolotteries (VLT) in the Italian gaming market, now it is time to see what happened in the last months. Here is the first information available:around 4,500 VLTs have been installed so far out of almost 57,000 VLTs that operators are entitled to install and 253 VLT gaming halls have been opened (of which over 100 belong to Lottomatica); during the month of October 2010 the VLTs collected € 116 millions (i.e. more than € 3.5 millions per day) which makes the need to implement a proper system for the management of payments crucial;the current VLT manufacturers that have successfully completed the testing phase with SOGEI are Inspired, Novomatic, Spielo and Ace Interactive, while Bally Technologies, BetStone...

The Italian Gaming Authority has now published the “Official Data On Remote Gaming” reviewing the data generated by the sector during this year up to 31 October 2010.I believe there are no major surprises: while horse betting games are suffering a deep crisis with a decrease of the value of bets of 12.9%, fixed odd sports betting sector saw an increase of 10.7% reaching a value of over € 1bn, even if it showed a negative trend during the last months. However, skill games, which primarily include poker tournaments, have seen an amazing increase of 41.7% compared to the previous year with a volume of buy-ins of over € 2.6 bn. These data even raise the expectations in relation to the upcoming...