|This is the film that has got|
Yahoo! into so much trouble
"The Court found Yahoo! guilty of aiding and abetting the infringement of copyright in the film 'About Elly' because, among the various results obtained by “yahooing” ‘About Elly’, links were displayed which led to websites that unlawfully offered the reproduction, as whole or in part, of the film (through streaming or downloading options).
The Court (Mrs Justice Gabriella Muscolo) referred to Articles 14-17 of the E-Commerce Directive (as implemented in Italy by Legislative Decree 9 April 2003, No. 70) and Article 156 of the Italian Copyright Act (Law 22 April 1941, No. 633, as modified in order to implement the IP Enforcement Directive) and cited - inter alia - the decision of the ECJ in Google Adwords (Case C-236/08).
The judge thus held Yahoo! liable for contributory infringement and ordered the search engine to pay the costs of the proceedings".
"Interestingly, simply typing 'Abou' into Yahoo!, the engine suggested 'About Elly' -- providing the user with 10,300,000 links to websites making the film available. The extent to which this constituted 'knowledge' cannot be assessed without seeing the full reasoning of the judgment, but it seems that the Italian courts are increasingly prepared to find ISPs liable (ie vividawn v Google last year)".He adds that Open Gate Italia has declared that Google will be the next target and suggests that readers may wish to check out the reports of this decision in the Italian media:
• ANSA - Sentenza contro Yahoo, stretta su filmThe IPKat thanks his friends for this information. Merpel says, I tried keying in "Abou" into Yahoo! and ended up with Abou Diaby ...
• Corriere della Sera - Pirateria di film in rete. Condannato Yahoo!
• Repubblica - here• Il Sole 24 Ore - Sanzionato il link al sito pirata
• La Stampa - Cinema, sentenza senza precedenti contro Yahoo! Italia
• L'Unità - Condannato Yahoo!: violazione diritti sfruttamento economico film
• Il Velino - Web, per “About Elly” Yahoo! può indirizzare solo al sito ufficiale
"Not on your Nellie" here, here and here