The right to be forgotten comes of age

As time goes by, dust accumulates, feelings are diluted and dispersed, psychological and physical wounds heal, synapses get lost, memory vanishes, people forget (but the Internet does not). Oblivion is in the nature of things and should be dealt with as such. One can accept it, or fight, resist and (try to) remember. But what about a legal pretense to (force third parties to) cancel one\u2019s past? The starting point of the paper is a basic taxonomy, with three entries: (i) predigital, traditional right to be forgotten; (ii) European digital oblivion (right to delisting); (iii) possibly, a third frontier, still in search of definition, to be labelled provisionally as archival oblivion. The three epiphanies refer to different settings, though partially converging and marginally overlapping. The overall picture looks confused and is somehow exposed to exasperated outcomes. But recent judicial efforts, in Italy and Germany, contribute to define a viable equilibrium

Antitrust and Intellectual Property: Finalistic Convergence or Liason Dangereuses?

Non-Refereed Working Papers / of national relevance onl

Single-Firm Conduct: A Discipline in Search of Itself (Try with Google?)

The American way: some remarks. The Google case: a test in real-time. Yet another culture clash, or a simpler joint confusion? Exploitation v. exclusion: planning the match. Some conclusions (and a modest proposal).The American way: some remarks. The Google case: a test in real-time. Yet another culture clash, or a simpler joint confusion? Exploitation v. exclusion: planning the match. Some conclusions (and a modest proposal).Non-Refereed Working Papers / of national relevance onl

The European Commission's Case Against Microsoft: Fool Monti Kills Bill?

Refereed Working Papers / of international relevanc

Guido Calabresi on Torts: Italian Courts and the Cheapest Cost Avoider

Guido Calabresi proposed to replace the dominating paradigm of fault with simpler strict liability rules that put liability on the most appropriate actors (the cheapest cost avoiders). Assuming that the objective function of the tort system is the mimimization of the sum of the injury and injury avoidance costs associated with accidents (primary costs), risk-spreading costs (secondary costs), and administrative costs (tertiary costs), he suggested that the adoption of strict liability, targeted to specified activities, would achieve the goal of cost minimization. The core of an extremely richer message was that the cheapest cost avoider test would abate the administrative costs of courts. Moreover, the manufacturers' ability to spread the costs of strict liability through the prices charged for their products would effectively insure product users against the risks of injury. This masterpiece of normative analysis has deployed an ever increasing influence on thinking about tort law, not only in the US but also in Europe. This paper aims to trace the impact of Calabresi's ideas on Italian case-law. After a brief introduction, section 2 outlines the methodology adopted in the research. The following sections, 3 to 13, present (and cursorily comment on) the opinions which display the influence of Calabresi's thinking. Section 14 summarizes and concludes

A "Geografia Social" de Sílvio Romero

Introduzindo uma discussão No início do século XX trava-se intensa polêmica entre geógrafos e sociólogos para a delimitação de seus campos disciplinares. Na opinião de Lucien FEBVRE (1925), a ambição dos morfologos sociais em constituir sua ciência reforçava a crítica aos geógrafos, acusando-os de serem ambiciosos, exclusivistas no objetivo proposto de estudar todas as influencias exercidas sobre a vida social, objetivo que, para estes, excederiam as forças de uma só ciência. Na análise do au..

Contract Adaptation under Legal Constraints

Abstract This paper shows theoretically that automobile distribution contracts can be seen as efficient responses to the manufacturers' obligation to offer non-discriminatory terms to dealers. This legal rule may prevent the parties from adapting contracts to new contingencies even when performance is ex post verifiable, as manufacturers may be unable to reach advantageous bargains with heterogeneous dealers using one-size-fits-all instruments. To circumvent the law and improve adaptation, manufacturers amend contracts informally, efficiently tailoring them to dealers' characteristics. Moreover, to make future informal amendments self-enforcing, contracts assign authority to manufacturers ex ante when the dealers are strongly averse to change, so manufacturers may be tempted to renege, ex post, on the large bonuses necessary to make them accept the amendments voluntarily. The model can be extended to employment, franchising and, more generally, to all contracts linking a central party to a set of parties with inferior bargaining power, where anti-discrimination rules may apply

Parere sul rapporto tra digitalizzazione dei prodotti della ricerca scientifica, loro archiviazione e utilizzazione ai fini della valutazione che degli stessi saranno chiamati ad effettuare diversi soggetti, ai sensi della l. n. 240/2011 etutela del diritto d’autore. Roma, 20 luglio 2011

Document sent by italian Professors Roberto Pardolesi (LUISS Guido Carli) and Massimiliano Granieri (University of Foggia) to the President of the CUN, National University Council in response to its request for a legal opinion "on the relationship between digitization of scientific research output, their storage inside a closed repository and consequent use for purposes of assessment and evaluation, all tasks which will be called upon to perform various parties, pursuant by Italian law 240/2011 and the protection of copyright. Rome, July 20, 2011. The matter is concerning to comments on the Regulation ANVUR (National Agency for Evaluation of the Italian Research) for the transfer of PDF files into a specific database of scientific publications for the purpose of research evaluatio