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The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I$
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Giuliana Ziccardi Capaldo

Print publication date: 2014

Print ISBN-13: 9780199388660

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780199388660.001.0001

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Comment and Analysis

Comment and Analysis

Internet Law: The European and Constitutional Implications of the Google v. Vividown Saga

Chapter:
(p.227) Comment and Analysis
Source:
The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I
Author(s):

Oreste Pollicino

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199388660.003.0011

This chapter deals with the constitutional and European implications of the Google v. Vividown saga, by focusing on the reasoning of the Court of Appeals judgment and comparing it with the first instance Court judgment. The judicial scenario of the Google v. Vividown case is “only” a perfect starting point to elaborate on the increasingly more complex relationship between the rapid changes in the technological scenario at the heart of the digital dimension, on one hand, and the much less dynamic relevant legislative framework, on the other hand. It is an emblematic case study (in the “strategic” area of the different models of Internet service provider liability) of the issues related to the balance between the fundamental rights inherent in Internet use, and of the hard choices that the courts must make when the margins of the game move from the atoms to the bits.

Keywords:   internet law, internet service provider, e-commerce directive, data protection, protection of fundamental right

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