The article, after some reflections on the essence of the principle of subsidiarity, analyses some particularly critical profiles concerning his implementation: the economic dimension of participation; the weakness of the connection between citizen’s participation and institutions; the ambiguous inhibition of conflictual participation.
The essay explores the complex intersection of artificial intelligence (AI) and intellectual property (IP) law, analyzing the legal implications concerning both the data inputs used to train AI systems and the outputs they generate. Regarding training data, the essay examines the increasing legal disputes over the alleged unauthorized use of copyrighted materials as well as the legality of web scraping for training purposes and the applicability of text and data mining exceptions. Concerning AI-generated outputs, the essay addresses the challenge of securing IP rights, particularly copyright, highlighting the ‘‘human author’’ requirement. Moreover the Author takes into consideration the need to identify IP protection for works deriving from the use of artificial intelligence as a tool in the hand of the human creator. The essay analyzes also the European Union’s regulatory response through the AI Act, the ongoing development of Codes of Conduct under the AI Act and the proposed Italian domestic law on AI, which considers the protection of works created with AI tools if they result from the author’s intellectual work. In conclusion, the essay underscores the necessity of a balanced approach that safeguards IP rights while fostering AI development. It introduces the concept of machine unlearning as a potential technique to address data privacy and IP issues post-training. The author suggests that guiding principles may be more suitable than rigid rules for navigating the evolving relationship between AI and IP.
The essay explores the legal implications of short-term rentals concluded through digital platforms, analyzing their interaction with some of the traditional private law categories such as contract, and property. From a contractual perspective, it highlights the ambiguity surrounding the platform’s legal role in mediating contracts between hosts and guests, an issue still largely overlooked by legislation. With regard to property, the essay examines the legal tools available to condominium owners to safeguard the peace and livability of residential spaces when short-term rentals become a source of disruption. Special attention is given to the role and limits of contractual condominium regulations, which may impose restrictions on such activities but are subject to specific legal requirements. Finally, the analysis considers the broader public dimension of short-term rentals, which often affect entire neighborhoods, prompting local authorities to adopt regulatory responses that may restrict individual property rights in favor of collective interests.
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