Therefore the tortious civil liability of

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Aof the provisions of art. and art. of Law no. on electronic commerce it follows that the mechanism of incurring the liability of the passive provider of internet services which according to the conceptual meaning described by the CJEU in the Judgment pronounced in the case of LOral SA v. eBay is the one that does not intervene on the information therefore having a neutral position towards the information posted as it offers its clients exclusively technical support by making available a virtual space for posting information accessible to the public is grafted on the tortious civil liability for the deed.

Of another in the context of the substantive law institutions of the law national Country Email List and is activated only if the causes of exemption from liability provided for by art. para. lit. a or b from Law no. .. the passive service provider consisting in the permanent storage of the information provided by a recipient of the respective service can be incurred even when the information is not disseminated by him.




But is only provided on his behalf sa that is by the owners of the sites that posted the information that directly violates the rights of a third party. Consequently in the conditions in which it offered the owners of some sites through which sound recordings were reproduced and made available to the public without the consent of the holders of related rights a virtual space for permanent storage of this information through which in in the absence of authorization by the producers of phonograms the related copyright rights belonging to them were violated as provided for by art. paragraph letter a and g of Law no. the passive internet service.