B9063 - DIRITTO DELLE TECNOLOGIE DIGITALI

Learning outcomes

At the end of the course, the student will understand how algorithms, software, and data serve as the foundational pillars of digital markets, will acquire knowledge of the fundamental legal frameworks that protect these assets, and will learn to appropriately use technical and contractual tools for their legal handling and circulation.

Course contents

The course, which is shared with Module 2 of the Intellectual Property Law course, will be taught in seminar format and will provide an in-depth examination of the following topics:

• linking, framing, and embedding from an intellectual property perspective;
• the liability of Internet service providers;
• digital rights management (DRM) and technological protection measures;
• the legal protection of databases;
• the legal protection of software and algorithms under copyright, patent, and trade secret law;
• the training of artificial intelligence systems;
• the eligibility for copyright protection of creative outputs generated by, or with the assistance of, artificial intelligence systems;
• contracts and licensing.

Readings/Bibliography

Given the seminar-based nature of the course, the relevant materials will be identified by the teacher during each class and uploaded afterwards to “Virtuale”, the University of Bologna’s e-learning platform.

Students who do not already have a basic knowledge of the fundamental principles of copyright law are advised to read:

- G. SPEDICATO, Principi di diritto d’autore, II ed., Bologna, Il Mulino, 2025.

Teaching methods

The course has a seminar structure and an extremely practical and participatory approach. Each lecture will delve into a specific topic (as indicated in the syllabus above), starting with the presentation of one or more legal issues. This will be followed by a discussion, led by the teacher and with the participation of the students, of the regulatory, technical, and contractual solutions permitted by current legislation and adopted in commercial practice. In the workshop sessions, students will be required to personally analyze the main clauses of certain contract models.

Assessment methods

Attending students will be assessed based on: (a) their active participation in class, and (b) the result of a written test, according to the following criteria.

(a) Active class participation: from 0 to 8 points (0 to 2 points for no or poor participation; 3 to 4 points for limited or sufficient participation; 5 to 7 points for fair, good, or very good participation; 8 points for excellent participation).

(b) Written test (maximum time allowed 120 minutes) consisting of:

• 10 multiple-choice questions, with three possible answers, only one of which is correct;
• 2 open-ended questions, which may also include a practical case.
  

The final grade will be the sum of the following scores:

• 1 point for each correct answer to the 10 multiple-choice questions [Note: There are no penalties for incorrect answers or unanswered multiple-choice questions];
  1 to 6 points for each correct answer to the 2 open-ended questions [Note: More specifically, 1-2 points for a sufficient or slightly above sufficient answer, indicating limited critical ability and some difficulty in using legal-technical language; 3-4 points for a fair or good answer, indicating fair or good critical ability and fair or good use of legal-technical language; 5-6 points for a very good or excellent answer, indicating significant critical ability and full command of legal-technical language].
  

For non-attending students, the exam will be conducted exclusively in oral form, with 3-4 open-ended questions on the materials provided by the instructor. The assessment will consider knowledge of the subject, ability to analyze jurisprudential and doctrinal trends, ability to make connections between different parts of the program, ability to develop critical arguments, and the articulation and accuracy of the presentation.

The final grade will be based on the following criteria:

• Sufficient or slightly above sufficient preparation on the topics covered, limited critical ability, difficulty using legal-technical language: grade 18-21;
• Fair or rather good preparation on the topics covered, fair critical ability, good use of legal-technical language: grade 22-25;
• Good or more than good preparation on the topics covered, good critical ability, command of legal-technical language: grade 26-29;
• Substantially exhaustive preparation on the topics covered, excellent critical ability, full command of legal-technical language: grade 30-30L.

For exam purposes, students who attend at least 75% of the total course hours will be considered as attending.

Teaching tools

Students who, for reasons dependent on disabilities or specific learning disorders (DSA), need compensatory tools can communicate their needs to the teacher in order to be directed to the referents and agree on the adoption of the most appropriate measures.

Office hours

See the website of Giorgio Spedicato