Who we are

Array, in Information Technology is an indexed data structure: a method to organize information. Array, more in general, is a word conveying a concept of “order” not based on a hierarchical structure, but upon rules and organization.

Array groups a number (an “array”) of independent IT lawyers, aiming at providing a legal support to enterprises, developers and – why not – law firms in all cases where a highly specialized competence is required in the IT & TLC fields. This competence is sided by a deep understanding of the technical issues underlying the legal issues. Those competences are seldom available in traditional law firms, even in those specializing in “Intellectual Property”. Nonetheless they are indispensable in order to provide a suitable assistance to the relevant subjects in the field.

Last but not least, members of Array, beside providing assistance and consulting in the “traditional” areas of IT & TLC Law, are mainly focused on Free Software (also know as “open source” software) and are able to offer in this specific field some competence hard to find even in law firms specializing in IT & TLC Law.

By working in a very specialized niche, members of Array – when requested – have no issues about working with other law firms and professionals at large who already assist the client with other matters. Array is not a professional association or a “partnership”. It is an “array” of professionals who show up where their competence is required.

IT Lawyers

Being “Intellectual Property specialists” is not enough for being an “IT Lawyer”.

In the first place, a good IT lawyer must know the basics of software programming, although not necessarily being a programmer himself, know the rough difference between the several programming languages, the working of the networks, hacking techniques and so on. In a few words, it is of fundamental importance to be familiar with technology, some attitude that is not required in other fields of the legal practice.

For instance, in order to issue a good opinion on the legal protection of communication protocols, it is mandatory to be able to understand, at a technical level, the difference between the protocol, its software implementation and the technical documentation describing the protocol (or the specifications). Otherwise, the risk is to give to the client misleading or even erroneous suggestions on applicability of industrial property protections in such field.

Another good example, if one can offer his/her advice on issues pertaining the combination of proprietary and Free/Open Source software, it is indispensable to understand the technical methods by which this combination can happen (linking, shims, API’s, etc.), otherwise the risk is to worry the client about inexistent risks linked to the use of Free Software in proprietary products or, on the other end of the problem, to not be informing the client on the precise limits and obligations in such a case.

In the second place, a good IT lawyer must know the legal issues connected to the production, sale, distribution of hardware, software and services, as well as the dynamics of the IT/TLC sector. For instance, in order to draft a good IT product and services distribution agreement, it is necessary to be acquainted:

  • with the law and international treaties that establish limits and restrictions on certain types of IT products (like the often disregarded Wassenaar Arrangement);
  • with the limitation of warranty and the liability caps imposed by proprietary and Free Software licenses
  • with data retention, data protection and infosecurity laws
  • with technical instruments and means put in place in order to prevent unlawful exploitment of industrial property protected goods (or conversely the unvoluntary violation of third parties’)
  • with standard policies and practices concerning warranty limitations, assistance, maintenance, etc.

 

Thirdly, a good IT lawyer must have a good handle on corporate dynamics and with the general understanding in the field, in order to be able to follow and to validate step-by-step an hardware/software project. The goal at the same time is to avoid posing useless obstacles or being inefficient interacting with the technical people and the project managers, and to timely spot sensitive points when still the time exist to remedy the development path. Therefore, to act proactively.

By way of example, an expert in the field is familiar with the notion that certain filesystems are covered by patents that make non advisable their use in embedded devices. If a legal expert is not in a position to early point out and react to that threat  early in the project phase, suggesting alternatives based on the usual choices in the field, the client could suffer serious consequences if the problem arises when the product is out.

People

Alberto Pianon

Lawyer in Vicenza and member of the local Bar Association.In 2003 he was granted the European Master in Law and Economics cum laude by the University of Rotterdam (The Netherlands), with a published Master Thesis about legal protection of software, comparing trade secret protection versus open source licenses from a Law and Economics perspective.

His main practice area is TLC/ICT Law, particularly e-commerce, data retention, domain names, software licenses and contracts.

He is member of the Editorial Board of the Erasmus Law and Economics Review, an on-line review which aims at spreading the Law and Economics approach in order to break down national barriers and enable lawyers from all over the world to communicate with each other by providing a common framework of thinking.

Since 2008 he is member of the Freedom Task Force of the Free Software Foundation Europe.

Carlo Piana

Lawyer in Milan and member of the local bar, Carlo is a pre-eminent Italian IT Lawyer, working almost exclusively in the Information Technology and Telecommunication Law, a field where he begun consulting on 1994. Passionate about technology and Free Software (Open Source) he has been active in many battles for Digital Rights and against monopolization, as with the antitrust cases in the Software Workgroup Servers field (where he represented the Free Software Foundation Europe and the Samba Team) or with the standardization process of XML document formats (like DIS29500, also known as ECMA 376 or Office Open XML – OOXML), or again more recently in one of the largest IT acquisition ever, involving the World largest Free Software company as target.General Counsel for the Free Software Foundation Europe, he is member of the Team of Freedom Task Force and approved legal expert in Italy and Europe on matters pertaining Free Software and Open Source. He is also member of the board of the Protocol Freedom Information Foundation and has been a member of the Advising Committee of the Italian Digital Agency for laying down the rules for software procurement. He is author of several articles in the areas of Civil Law, IT&TLC Law and data protection on Italian and International reviews and a founding member of the Editorial Committee of the International Free and Open Source Law Review. He mainly deals with licensing and technology transfers (mostly in the field of telecommunication, media and software), software protection, domain name & digital identity recovery and strategy – field in which he assists one of the largest European banking groups, standardization and interoperability issues. He is also active in the data protection (privacy) Law and deals with compliance in general. He assists technology producing companies – as a general counsel – in the strategic and legal planning of innovative projects and products. Part of his activities are rendered pro bono to groups and projects in the field of Free Software. He also assists and represent clients in the registration of Community Trade Marks.

Giovanni Battista Gallus

Copyright, Criminal, Data Protection/Privacy and IT and New Technologies law are his main areas of expertise. After a cum laude degree in Law in Italy, he moves to Great Britain for the Master of Laws in Maritime Law e Information Technology Law at the University College London – UCL. Afterwhile, he earns a PhD. In 2009 he obtains the European Certificate on Cybercrime and Electronic Evidence (ECCE). He is ISO 27001:2005 Certified Lead Auditor (Information Security Management System). Member of the Bar of Cagliari since 1996, admitted to the Supreme Court since 2009, he is a member of the Department “Informatica Giuridica” at the Università Statale of Milan and he is a teacher at the “Corso di Perfezionamento in Digital Forensics, Privacy, Cloud e Cyber Warfare” – Post-Graduate Course in Digital Forensics, Privacy, Cloud e Cyber Warfare. Fellow of Nexa Center on Internet e Society and of the Hermes Center for Transparency and Digital Human Rights. Author of several publications on the above mentioned areas and speaker at the main national and international congresses, he sides his legal profession an intense teaching activity, mainly in the field of copyright, Free/Open Source Software, data protection, IT security and digital forensics. Past President of Circolo dei Giuristi Telematici, founded in 1998, first initiative to gather IT law experts in Italy. He is a member of the executive commitee of ANORC, Associazione Nazionale per Operatori e Responsabili della Conservazione Digitale (association of Digital Archivists), and of ABIRT, Advisory Board Italiano dei Responsabili del Trattamento dei dati personali (Data Officers).
VAT N. 02115610921

Guglielmo Troiano

With a technical background coming from being an IT Analyst for several years before practicing law, he has an in-depth expertise in civil and commercial law focused on copyright, industrial property and privacy law especially in the field of information technology. After Law Degree at University of Milan he has started his training as lawyer in preeminent law firms across Europe and he has got a Master in Internet Law at University of Padua.
Currently advises companies, mostly software houses and ISPs, regarding civil liability, IP negotiation, ICT contracts, competition, trademarks, domain names, data protection (privacy) and IT security, on both transactional and litigation aspects.

Also he cooperate with some associations that deal with IT security (Oracle Community for Security, Cloud Security Alliance Italy Chapter). He often writes scientific articles (Opensource.com, Ciberspazio e Diritto, Diritto e Giustizia, LeggiOggi, ICT4Executive).

From 2009 to 2014 he worked as scholar at University of Milan, chair of Legal Informatics, where he did lectures for students and attendees of Post-Graduate Course in Digital Forensics, Privacy, Cloud e Cyber Warfare (edition 2014).

During his professional experience he has been part of important lawsuits (above all Microsoft vs. European CommissionCase T/201-04 before European Court of Justice) and he has worked on complex projects on Privacy compliance.

Last but not least, he has a strong attitude for legal issues of free and open source software.

Simone Aliprandi

He graduated in Law from the University of Pavia (with a thesis in Intellectual Property Law on open content licenses) and is a member of the Bar of Lodi. He earned a further degree in Public Administration Science and later won a scholarship for a PhD program in Information Society at University of Milano-Bicocca.The doctoral program, which ended in January 2012 with a dissertation about the social perception of copyright in the digital age, has given him the opportunity to carry out a research experience based in the USA.He always had equal interest for the professional activity (specifically giving advice in the fields of intellectual property law and ICT law) and for academic activities (lecturing and research). In fact, parallel to his work within the Array team, he constantly collaborates with university departments and research institutions, giving lectures, following research projects and editing publications. He is also “Professor of Legal Issues” at the SAE Institute in Milan (an international consortium with Middlesex University of London) and collaborates with the Chair of Legal Informatics of the University of Milano-Bicocca.

He also deals with science dissemination on the issues within his area of concentration, with an intense publishing activity, releasing all his works with open content licenses.