AGCOM, in the vortex of copyright - Computer Point

Amid protests, excluding the parliamentary debate after hearing the President Cardan tricolor on enforcement of copyright. And peep the concerns expressed by the European Commission

Rome – The need for a form of legal education in the use of digital content for intervention in cases of massive violations of works protected by copyright. In the presence of committees and Culture Transport to the Chamber of Deputies, the President of the Authority for the Communications Authority (AGCOM) Angelo Marcello Cardan held pending a hearing on the measure discussed – resolution 680/13/CONS – adopted the middle of last December for the protection of intellectual property on electronic communications networks.

At operation of drive shafts is not followed by a debate among parliamentarians present, stopped for no apparent reason by the Chairman of the Committee on Culture, Science and Education Giancarlo Galan. Among the strong protests of the Democratic Party (PD) and M5S, Galan decided to postpone to a later date pending the turning of the interventions of those who had written to query AGCOM on the fundamental points of the resolution will enter into force by the end of next March.

Party by the key principles of the measure – among others, users or downloader will not be prosecuted as done in France HADOPI – the president AGCOM has reported the “constructive confrontation” had with the leaders of the European Commission, which would have offered his congratulations “for the balance of interests of the parties that the procedure allows to reach.” The French authorities themselves, certainly scalded by the failure of HADOPI, have already contacted the Authority flag to “come to study more closely the Italian model.”

So far, surrounded by an aura of mystery, a letter containing the comments of the European Commission on the draft regulation adopted by AGCOM has emerged thanks to demand for transparency of two Italian researchers, Alberto Bellan and Eleonora Rosati, and published on the IPKat. In summary, the European Commission itself would have expressed more than a little doubt on some key points of the action taken by AGCOM.

For example, the Authority should clarify the concepts of uploader – who is considered responsible for a wrongful loading on the web – rather than digital work and manager of an Internet site. For the latter, do not seem to clear the limits of personal responsibility in the management of notifications and any enforcement actions. And most importantly, what should happen if only part of a site be in breach of copyright . There is therefore a process of selective blockade of the regulation adopted by the tricolor?

Returning parliamentary hearing of drive shafts, the intervention was structured in two parts, the first devoted to measures to encourage the development and the protection of digital works. Being devoid of the power of imposing contractual autonomy, AGCOM has given much importance to positive measures aimed at creating a favorable environment for the fight against piracy. The establishment of a Committee chaired by the Secretary General of the Authority will be responsible for promoting license agreements developed ad hoc, rather than the reshaping of the windows distribution of audiovisual works . “The same committee will also promote forms of self-regulation (codes of conduct) related also to innovative tools to combat piracy based on the analysis of economic transactions and business models relating to the supply of content in violation of the right ‘ Author (known follow the money ), “said Cardan.

In the second part of his speech, Cardan focused on the directives in the field of enforcement. AGCOM not want to hit individuals, but those “persons who perform the task in a professional manner.” The regulation assumes that a tool such as the notice and takedown (YouTube style) will always be preferable, but not applicable to sites devoted exclusively to piracy. “The needs are met quickly scan through a tight procedural deadlines: seven days to the commencement of the investigation, five days in the counter-thirty-five days of receipt of the application for the adoption of the final documents by collegiate Authority, “he continued drive shafts.

On this point, doubts have been expressed by the European Commission – in the letter published by IPKat – in particular an excessive speed that could jeopardize the right of defense . To give priority to the sites defined as a pirate, AGCOM wants to shorten even more the terms of enforcement – “which are reduced to three days for the commencement of proceedings, three days to the counter and, in total, twelve Decision final, “said Cardan – by raising other concerns to the authorities of the Old Continent. For AGCOM, it is still a Regulation balanced and respectful of fundamental freedoms, since it is not targeted to hit the individual downloader as well as the occasional sharers, but simply the sites that specialize in mass distribution of works protected by copyright.

Mauro Old