Abstract
On January 2011 and May 2011 the Court of Milan released two interesting decisions in Reti Televisive Italiane S.p.A. v Italia On Line S.r.l. (published on 7 June 2011) and Reti Televisive Italiane S.p.A. v Yahoo! Italia S.r.l. and Yahoo! Inc. (published on 9 September 2011). The Court found that the Internet Service Providers Italia On Line and Yahoo! Italia are liable for copyright infringement in connection with the uploading of several videos on their platforms and cannot 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, i.e. the so-called “active hosting” liability.
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