Towards the EU Directive on copyright in the Digital Single Market: from the hosting provider liability in the RTI/Yahoo case to its critical implementation in Italy
Vincenzo Iaia · Journal of Intellectual Property Law & Practice · 2020
The internet and its ecosystem form an ever-evolving landscape in which content producers and content users are constantly involved in unstoppable technological innovation. Rightholders see the digital environment as a double-edged sword: on the one hand, they can benefit from a potential worldwide shop window that provides them with more customers than ever before; on the other hand, the dematerialization of content presents protection and enforcement issues. To date online intermediaries have played a key role in the online copyright ecosystem. However, certain intermediaries, including hosting providers, can be exempted from liability—through the so-called safe harbour system—for the hosting of infringing content uploaded by users of their service if they satisfy the conditions established in Article 14 of the E-commerce Directive 2000/31 (‘E-commerce Directive’).1 The growing power acquired by internet giants shows the need for a new legal framework that could balance the multiple interests at stake. It is worth noting that with each stage of technological development—from typewriter to xerox machines to computers—copyright laws, in their constant evolution, have intervened to adapt authors’ rights to the new realities, reshaping traditional business models accordingly. Hence a provocative question: will copyright rise once again to the most recent challenges of the digital age or will the new digital technologies overwhelm the current copyright system?