Court of Milan Holds Video Sharing Platforms Liable for Copyright Infringement
Dr. Enrico Bonadio
In June and September 2011 the Court of Milan released two interesting decisions in the field of liability of Internet Service Providers for copyright infringement committed by their users. In particular, the Court found that the Internet Service Providers Italia On Line and Yahoo! Italia were liable for copyright infringement in connection with the uploading of several videos on their platforms and that they could not rely on the hosting provider exemption under the E-Commerce Directive. The two decisions are particularly interesting as the Court of Milan ‘created’ from scratch a new category of internet service provider liability: so-called active hosting liability.
And here is the link: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1977431