Il danno da contraffazione tra nesso giuridico causale e teoria dei network

[Autom. eng. transl.] Legal causation is a key principle of criminal and civil law, as it links conduct with a effect that typically produces damage, violating the law. The interpretation of the causal links that produce damage (an debeatur), even from counterfeiting, is a fundamental element in legal context, as a complement to their evaluation in economic terms (quantum debeatur). This estimate is hotly debated and monetization represents an economic component key to compensation for counterfeiting damage. Network theory expresses in mathematical terms the direct “cause and effect” relationship between two or more connected nodes (agents). Branched networks are used to map the network, show causal links graphically and facilitate their interpretation, even from a legal point of view. The theory of network can therefore be used both in the mapping of causal relationships and in the process of quantification of the damage, facilitating the evaluation of the causal relationships between the different nodes and describing their sequentiality. This paper innovatively combines principles of legal causality with mathematical models of network theory, in which nodes represent agents (counterfeiter, owner, customers, etc.), between they are connected by causal connections.