SEARCH ENGINES PFA Films S.r. v Yahoo! Italia S.r1 Tribunale di Roma, 22 March 2011 A court in Rome ordered Yahoo to remove indexing and links to websites offering counterfeited versions of Asgharr Farhadi's film ‘About Elly’, as the search engine had previously been notified of the existence of such links. ‘A court in Rome confirmed that society service provider pursuant | provisional measures foreseen by search engines ate not required to to Section 4 of Directive Article 156 ofthe Kalin Copyright ‘exccise preventive contol over the 2000/31/EC on certain legal aspects | Act against intermediates ‘whose content of sites to which links are of information society services, in | services are used for commiting provided. Nevertheless, once they particular electronic commerce, in| the breach: have been notified that the content {he Internal Mat, therefore Asan interim relic the decision of given website isin breach of benefiting from the eemption of | may be repealed or overturned by a someone ees intellectual lability under Artie 14 As such, | subsequent adgment on the property rights, they must the serch engine cannot beheld | merits ofthe case. Indeed, Yahoo promptly remove indexing and Table forthe data which ithosts at has recently challenged the Tinks thereto, or beheld ible for the request ofa third party junction, sustaining, inter alia contributory infiingement However the exemption only __| that PA, despite Yahoo's express With an interim deison that apples when the provider acts asa | request did not provide the later say have a major impact on neutral operator offering amerely | with the URL of the allegedly internet search engines, the Court technical automaticand passive | infringing web sits, preventing of Rome (the Court) ordered service, with no knowledge or | Yahoo from identifying them. Sahoo Halla Sto remove any contol ofthe relevant da, Tate judges wil hopefully larity links to web sites offering or Conversely if the service provider | whether any notification will be carrying pirate versions f Asghart ‘becomes aware through sulcen for results to be Farhad ln ‘About Ely | information supplied by an immediately removed ot whic “The case was brought by PFA, the | interested patyor otherwise, that | degree of excretion wl be left to alan distributor ofthe film, given content on abosted website | the search engine which sued Yahoo Italia for infringes a specific copyright, then | This interim decision, in the indexing and providing links ta the service provider must remove | meantime wil fuel dcusions as sites that allowed the download indexing and links tothe egal site | to whether search engines should and steaming of unauthorised orbecomne lable for contributory | have the onus to cary out due copes ofthe film. PEA's action also infringement Aigence procedures in order to targeted Google Italy Sl. and Given that Yahoo - despite Pra's | make a decision pursuant to Microsoft Sx but the Court warning eter did not remove | seceiving an infringement warning. judged them lacking the capacity Tinks to the denounced pirate sites, tobe sued given thatthe relevant the Court found Yahoo lable for | Luca Fora arbor teach engl invohed inthe Conubutoryiningementand, | BEBUBSRMON xc lawsuit were not dec managed ordered the company to remove | \esisnaveceaont by the Italian subsidiaries but indexing and inks tallies | batmasaton@chdexR ee Someta, | more. amore ‘According tothe plant Yahoo tort, according to the Cour, was Talia continued to offer inks to ito act on the alleged the egal sits despite PEAS infringement after it had been warning ltr. Such warning plays notified todo so, 2 decisive role in the Court’ ‘According tothe Court, Yahoo's reasoning. | awareness ofthe infringement Indeed, following the Court of perpetrated bythe hosted websites, ofthe European Union's prevents it fom benefiting fam in Louis Viton ¥ the 2000/3 /EC Directives Google the Court affimed that exemptions of liability and allows the search engine i qualified as for the same tobe subject to SIGN UP FOR FREE E-LAW ALERTS E-Commerce Law Feports provides a fee lat sence. We send out uodstes on breaking news, frthooing events ad each month on the day of ‘ubcation we send out the headines are! a recs ofall of tho aries nthe issue To eoeive these ee e-alerts, regsier on vrwwve-comlay.com/updates.asp or sil ngeio.claris@e-comlav.com 24 commerce tn oper vole 1 su0 02