The Protection of Copyright against Online Violations

Pubblicazione legale: The aim of the paper is to evaluate the effectiveness of the remedies against illegal use of works protected by copyright along different paths, from the traditional legal actions taken before the judicial authority to alternative dispute resolution systems (ADR). The Net is the first resource used to find information, to share documents and to perform a greater number of tasks. Modern methods of sharing involve abuse by users, who do not consider the hypothesis that their action may have illegal implications. In this scenario, the right that mostly costs is copyright, violated more or less un­consciously. Without corrections, the network world risks turning into an anarchy of contents, where the law can hardly intervene. Who is responsible for these copyright infringements online? The simplest answer is the user who shares files illegally, and it is also the correct answer, but the simplicity of identifying the person responsible in theory is not accompanied by the same ease of practical identification. We have tried to identify new managers, widening the category of civil responsibility and focusing on subjects that play an important role in the telematics network: those who physically manage the portals and access to the network, the Internet Service Providers. Attention must focus more on remedies, looking for a simpler and faster way to intervene to stop violations.

Fonte: European Review of Public Law - leggi l'articolo