The Service Provider has a surveillance duty if it offers a hosting service

So decided the Court of Rome, ordering to YouTube and Google Video to remove the entire collection of videos on the 10th edition of “The Big Brother”. According to the reconstruction of the Judge, the service provider is not burdened by a general duty of surveillance, because it would not be able to monitor all transmitted data. However, if it provides additional services (eg. caching, hosting) and / or if it audits the hosted information and, above all, if - conscious of the presence of suspect or explicitly illegal materials - it omits to ascertain the illegality and to remove the same, the service provider is held liable for the infringements committed by the users.

12/23/2009 | Copyright