Trento Student Law Review

Automated Copyright Enforcement Online

Vitantonio Leuzzi — 2025-01-14

This article examines the interplay between copyright law and emerging digital technologies, focusing on several key components: the constitutional basis of copyright law, the doctrine of fair use, secondary liability, the DMCA safe harbor provisions, and automated copyright enforcement technologies, particularly YouTube’s ContentID system. In Part I, the paper outlines these foundational elements. Part II builds upon this framework to analyze recent developments in online copyright enforcement, highlighting existing challenges and proposing potential solutions to improve the effectiveness and fairness of these enforcement mechanisms.

CCI v. Sector Regulators

Naman Pratap Singh — 2025-01-14

The intersection of competition law and sector regulations often leads to jurisdictional overlaps, blurring the line between antitrust and sector regulation. This article delves into the complex landscape of jurisdictional conflicts between the Competition Commission of India (CCI) and sector-specific regulators in India’s regulatory framework. The paper meticulously examines the problems arising from these jurisdictional ambiguities, including forum shopping, legal uncertainty, and over-enforcement, which collectively harm consumer interests and undermine the efficiency of market regulation. The paper traces the roots of these conflicts to multiple sources, including ambiguous legislative provisions, inconsistent judicial interpretations, and the inherent challenges in delineating the boundaries between competition law and sector-specific regulations. In response to these challenges, the article proposes a multi-faceted approach to resolution. It advocates for enhanced cooperation between the CCI and sector regulators through mechanisms such as mandatory consultations, memorandums of understanding, and the establishment of dedicated working groups. The paper concludes by emphasizing the need for a harmonized approach that leverages the strengths of both the CCI and sector regulators to create a more coherent and effective regulatory framework in India.

Juveniles Neuronal Development and Criminal Justice

Nicolò Cappuccitti — 2025-01-14

This paper delves into the deepest and most relevant intersections between juveniles brain development and Criminal Law. It aims to understand and analyze current neuroscientific revelations pertaining to brain development in young adults, and how these same findings have impacted jurisdictions and legislations’ ways of handling the sentencing of younger individuals. Furthermore this article supports its arguments mainly on the basis of the most current and detailed neuroscientific research, focusing on the neuronal changes interesting adolescents’ brains, particularly focusing on the process of myelination, and the effects on behavioral patterns, such as an increase in explorative conducts and a generally diminished perception of danger. Key judicial rulings, such as the ones held in Roper v. Simmons (543 U.S. 551, 2005), Atkins v. Virginia (536 U.S. 304, 2002), and Miller v. Alabama (567 U.S. 460, 2012) are then examined to demonstrate how the U.S. judicial system has started to recognize the objectively diminished culpability in minors. Finally, the paper illustrates potential Italian Criminal Law flaws on the grounds of youth culpability via a comparative approach, moreover taking into account recent successful legislative innovations.

Preface to Volume 6, Issue 2

Rossella Borella — 2025-01-14

Dear Readers,

Seven years ago, a bold idea took shape: a legal journal capable of combining academic depth with practical relevance, fostering open and informed discussion on crucial contemporary legal issues. Today, we proudly present the second issue of Volume 6. This edition not only marks the maturation of our project but also serves as a tangible example of how a vibrant and participatory academic community can enrich the international legal discourse. With thirty-three internal editors, supported by external reviewers and a talented array of authors, our journal continues to grow thanks to the collective commitment of all those involved in the editorial process.

The three articles featured in this issue, while addressing distinct legal domains, share a common thread: the challenge of regulatory and technological complexity in modern law and the pressing need for balanced and innovative solutions to ensure a fair and effective legal system.

The first contribution, "Automated Copyright Enforcement Online: How Platforms Stifle Creativity by Reducing Technological Cost" by Vitantonio Leuzzi, examines how automated copyright enforcement technologies, such as YouTube’s ContentID system, have transformed the landscape of copyright protection. This article highlights the legal and constitutional implications of these systems, emphasizing the delicate balance between protecting creators and safeguarding user freedoms. Leuzzi proposes solutions to ensure fairness and transparency in copyright enforcement within the digital context.

The second article, "CCI v. Sector Regulators: Navigating Jurisdictional Ambiguities for Effective Resolution" by Hammad Siddiqui and Naman Pratap Singh, addresses the jurisdictional overlaps between the Competition Commission of India (CCI) and sector-specific regulatory authorities. By analyzing legislative ambiguities and judicial interpretations, the authors offer insights into fostering collaborative approaches among regulatory bodies to create a coherent and efficient legal framework that protects consumer interests and enhances market competitiveness.

Finally, "Juveniles’ Neuronal Development and Criminal Justice: When Neurosciences Meet Criminal Law" by Nicolò Cappuccitti offers an innovative reflection on the impact of neuroscience on criminal justice policies for minors. Integrating scientific studies on neuronal development with key judicial rulings, such as Roper v. Simmons and Miller v. Alabama, the author demonstrates how recognizing diminished culpability in young offenders can positively influence Italian legal practices.

Though these contributions may appear diverse, they share a common aim: to illuminate the gray areas of law where change is essential to confront the challenges of a rapidly evolving world. Each article exemplifies the crucial role of an interdisciplinary approach, combining legal analysis, technological advancements, and scientific insights to respond to modern complexities.

Publishing legal scholarship is not merely an academic exercise; it is a responsibility toward society, an intellectual contribution that builds bridges between law and everyday life. Our mission is to continue fostering this vital dialogue, driven by a passion for law and the conviction that only open and informed discourse can guide legal progress.

We extend our sincere gratitude to every reader and contributor for their trust and continued support: your dedication is the driving force that makes all of this possible.

Wishing you a pleasant read, sincerly,

Rossella Borella

Editor-in-Chief