A wagonful of...Print! [ITA]
Today (17/09/2004) Judges accepted our counter-claim against Trenitalia's requests,
which will pay our lawyers expenses.
Obviously Autistici/Inventati is proud to present the "forbidden webpage":
Around the half of july 2004 autistici.org / inventati.org server received a legal document from Trenitalia (italian railway company, ndt). Before going on holidays, the italian railway company lawyers told us that the website http://autistici.org/zenmai23/trenitalia was "awfully offending" the company and that they were proceeding to a court case against us in Milan, where they asked us to:
- remove the site immediately
- publish at our expenses an advertisment that the site has been removed on two national newspapers
- do not use anymore metatags relating to trenitalia in the autistici/inventati websites
Apart from this requests to be fulfilled urgently, the lawyers go on and ask us to refund the moral and actual damages the company suffered from the site.
After a first series of quick hearings to decide upon the charges, the judge confirms trenitalia requests. We have been forced to remove the site.
The 7th of September, 2004, we presented our counter-claims about the site removal. Trenitalia has then asked the court to "EXTEND THE INIBITORY DISPOSITION TO EVERY OTHER PAGE OF ANALOGOUS CONTENT": this practically means the elimination of the various spontaneous mirrors that are listed here (see below).
This is a very delicate point, from the juridical point of view: the principle that states that linking to some resource constitutes illegal activity in itself, paradoxicalally transforms every search engine in a crucible of illegalities. The idea of the Internet and its workings that the Trenitalia lawyers have is really frightening.
In 60 days, the judges will take a decision, and we will know whether the page could get back to its own place or not. In these days the real trial about damages will start. This might become a huge problem for our server, that only lives on volountary subscriptions.
If we loose, it will take 20.000 euros only to afford the publication of the sentence on major italian newspapers. We're obviously talking about money that we never had, and realistically never will.
Pagina modificata il 13/01/2007