The defense of intellectual property on the Network it is a thorny issue. It has been debated for years, both nationally and internationally.

Who must monitor that the content conveyed on the web complies with copyright law?

And again, once the violation of the law has been verified, who is responsible for removing the content and to prevent the unlawful act from recurring?

«Once again, the providers have ended up in the dock that have become the endpoint for every request to suppress content or block sites. An unsustainable situation," denounces Fulvio Sarzana, thelawyer expert in telecommunications law that supports Assoprovider in its legal battles.

We reached out to him to tell us about the current situation regarding copyright and how theassociation is taking steps to put an end to regulations that penalize the Isp.

Copyright, the clampdown on providers

It is a real grip that is affecting the provider on the issue of copyright. Companies holding the copyright rights they have long targeted providers, taking them to court for their alleged responsibilities regarding copyright infringement:

"These big players are asking that the suppression of content and the blocking of Internet sites where the infringement is occurring, should be the exclusive prerogative of the providers. The latter, according to this unjust logic (endorsed by some courts like the one in Milan, ed.), must bear the costs of removal and verification activities. A situation that is detrimental to providers who suffer significant damages. Some of which would thus risk closure," Sarzana reports.

A paradoxical situation, explains the lawyer, "as if for a murder that occurs in a farmhouse, the responsibility should be attributed to the roads leading to the farmhouse and not to the killer”:

"If you want remove content from the web that infringes a right it is necessary to go directly to the source on the sites or platforms that provide it. It is unfair that this is asked of a provider that is just an intermediary and its direct intervention in the content would be an encroachment," continues Sarzana.

Copyright, the battle of Assoprovider

The one on copyright is one of the battles that Assoprovider has been carrying on in recent years. The association's position on the matter is clear:

"We are working from a regulatory perspective. We have already appealed to the judicial authority, first the TAR and now the Council of State.. We will increasingly challenge the measures we deem unfair. We are fighting to prevent any regulatory act declare the providers guilty in the defense of copyright rights. "Content removal requests should be handled directly by the major platforms concerned," concludes Sarzana.

The one on copyright is just one of the many battles in which Assoprovider is involved. Read our program here with our commitments to promote a unfair competition in the telecommunications sector and improve citizens' access to Internet services.