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Google Italy Execs Convicted Over YouTube Bullying Video

FTWinston writes "Three Italian Google executives have been convicted of privacy violations in Italy over the contents of a YouTube video showing a boy with Downs syndrome being bullied — despite the fact that the video was removed as soon as it was brought to their attention, and that Google assisted the authorities in locating those who posted it. Prosecutors argued that Google should have sought the consent of all parties involved with the video before allowing it to go online. Quite how they were meant to achieve this is another matter." Google has responded by saying this is a Serious threat to the web.

391 comments

  1. Another useless set of judges by Dog-Cow · · Score: 1

    And now we have even more judges whose lives aren't worth the resources they consume.

    1. Re:Another useless set of judges by commodore64_love · · Score: 1

      And don't understand the concept of liberated speech. "Prosecutors argued that Google should have sought the consent of all parties involved with the video before allowing it to go online." - If you first ask PERMISSION to speak (or post videos), then you are Serf not a free person.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:Another useless set of judges by daem0n1x · · Score: 1

      Excuse me, I hold the rights to my own image. That has SHIT to do with freedom of speech.

    3. Re:Another useless set of judges by ottothecow · · Score: 4, Insightful
      No, you actually don't.

      Maybe your parents could make some sort of claim since they technically created you, but if I take a picture of you hanging out somewhere (or getting beat up somewhere) and my photo becomes the next taking of Iwo Jima or sailor kissing nurse, I am free to sell prints of your likeness to art galleries and license it to news organizations and college dorm poster manufacturers for years to come.

      --
      Bottles.
    4. Re:Another useless set of judges by Stregone · · Score: 1

      Yup. Alot of people don't get that those uses are not commercial uses. A commercial use would be to use a picture of you in an advertisement for a shoe company who's shoes you happened to be wearing in the picture.

    5. Re:Another useless set of judges by AmonTheMetalhead · · Score: 0

      Dude, actually, no.

      While you can use pictures you take in public as you see fit, the items displayed on said pictures (people, buildings, even objects like cars etc) are protected by law.

    6. Re:Another useless set of judges by GasparGMSwordsman · · Score: 3, Insightful

      Only in certain circumstances. Those circumstances are VERY narrow under US Federal law.

      For example, I could take picture of myself driving a car up the front of the Empire State building and sell those images. What I could not do is claim that the car company or Empire States building was endorsing me or my product.

    7. Re:Another useless set of judges by angel'o'sphere · · Score: 1


        but if I take a picture of you hanging out somewhere (or getting beat up somewhere) and my photo becomes the next taking of Iwo Jima or sailor kissing nurse, I am free to sell prints of your likeness to art galleries and license it to news organizations and college dorm poster manufacturers for years to come.

      No, you are absolutely not free to do that. Except perhaps in countries with on copyright or no personal right laws.

      Your idea is completely ridiculous.

      angel'o'sphere

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    8. Re:Another useless set of judges by thetoadwarrior · · Score: 1

      By your logic no sporting events should ever be shown until they have the permission of everyone on film or that the news needs to ask permission from everyone one on a battlefield before reporting.

      You do own your own image but like wise anyone filming in a public location has the right to do so without asking you for permission.

    9. Re:Another useless set of judges by ottothecow · · Score: 1
      Countries with no copyright or no personal rights laws like the United States or most of the rest of the developed world?

      It looks like you may be from Germany which is one of the few places in the world that has somewhat strict rules about needing permission to take a photo (and the page I found with info on it was from 2003). In most of the rest of the world, non-commercial use of images is perfectly acceptable without any sort of a release (I can't use a picture of you talking on an iphone in an iphone advertisement, etc.). I am not sure why Germany is quite so backwards about this as I feel that if I am out in public and can see something with my eyes, I should be able to capture it on film--at which point the photo itself is mine to publish (and if you didn't want to be in a photo, why were you out in public?).

      --
      Bottles.
    10. Re:Another useless set of judges by AmonTheMetalhead · · Score: 1

      I can't comment on US laws & how broad or narrow these are, but in Europe it's not so clear cut (and not well known neighter), taking a picture of the Atomium in Belgium for instance, and reselling that (even if there are other things in the picture) will get you in trouble with Sabam (whom are the same leeches as the ones terrorizing people for using movies or music), because the building is 'copyrighted', even though the building is located in plain sight. In Paris it's forbidden to take commercial pictures of the Eiffel tower by night.

    11. Re:Another useless set of judges by GasparGMSwordsman · · Score: 1

      I think we have ran into the dangers of referring to policy or law without clearly stating where in the world we are referring to.

      =)

      Also remind me never to take pictures next time I am sight seeing in Belgium!

    12. Re:Another useless set of judges by commodore64_love · · Score: 1

      >>>Excuse me, I hold the rights to my own image.

      In the privacy of your home, yes, but not in public. And police officers also make the same mistake, when they try to force camcorder users to stop recording. Whatever happens in public is public domain, unless you're claiming copyright and you can only do that for books, music, movies, not people.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    13. Re:Another useless set of judges by scdeimos · · Score: 1

      Excuse me, I hold the rights to my own image. That has SHIT to do with freedom of speech.

      Ok, you hold the rights to your own image. But do you hold the rights to other peoples' images in the videos you shoot?

      I disagree with the judge's verdict, but not for the reason you cite. If this was a video for television, such as a commercial, it would be up to the production agency filming the commercial to get signed permissions from all of the participants in the commercial. This is called a "release." If the commercial gets played on television and one of the participants sues (assuming they didn't sign a release) they'd have to sue the production agency, not the television station, if they wanted any joy.

      In this case, the poster of the video is the production agency and Google is the television station. The judge was incorrect to rule against Google, especially since the poster must agree that he has rights to the video before posting it (thus, a waiver).

    14. Re:Another useless set of judges by BlackBloq · · Score: 1

      As an actual photographer who could get sued let me tell you that the rule of law about who can do what with who in what photo(showing faces of people) is completely varied from state to state or province to province. Even in covering newsworthy stories. Quebec is the worst it's written into their "charter of human rights" that every individual has control of their own likeness. (See supreme court ruling mentioned here http://photocritic.org/street-photography-in-montreal/) Or this book Legal Handbook for Photographers: The Rights and Liabilities of Making

    15. Re:Another useless set of judges by angel'o'sphere · · Score: 1

      In my impression you mix up what the word "backwards" does mean. In our eyes the USA are very backwards in regard of personal rights or perhaps a better term is privacy rights. Regarding taking a photo, sure in most circumstances you are allowed to take a photo from a random person. But you are not allowed to publish it. If that is allowed in the USA, then the USA are backward.
      You are allowed to take photos of persons of public interest at public events, and then you may publish them (like newspapers do), but you can not "hunt" or "observe" a person for photo making and assume you can use those photos for what ever you want.

      angel'o'sphere

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    16. Re:Another useless set of judges by ottothecow · · Score: 1
      There is just too much amazing street/candid photography out there to justify that policy. If you look at it from the other side, you are really restricting the photographer's rights. I just don't think someone standing on a street corner has that much of a right to privacy, certainly not enough to overshadow the photographer's right to the (non-commercial) use of a photo taken in a public space where that person happens to be recognizable.

      What's next? will I not be allowed to describe what I see with words instead of pictures? Can I still write a poem about a person I see on the street (assuming I use their name or make it identifiable) without their explicit permission?

      I see this as a freedom of speech issue and when you start imposing different restrictions on different media, it gets really questionable (especially when you already have to shoehorn in vague exceptions for "people of interest").

      --
      Bottles.
    17. Re:Another useless set of judges by AmonTheMetalhead · · Score: 1

      Don't worry, anything older then 150 years is fair game ;)

  2. Great big targets by ItsColdOverHere · · Score: 4, Interesting

    So Italy has basically painted a great big target on every single operator of social media.
    Apparently if an Italian moderator or admin ticks me off I can simply upload some offending bit of data and call the cops...

    1. Re:Great big targets by RMH101 · · Score: 2, Interesting

      that's it: Berlusconi doesn't like that people can post videos of him getting hit with model cathedrals, so he's classing anyone who uploads video to the internet as a broadcaster subject to government regulation.

    2. Re:Great big targets by happy_place · · Score: 1

      Clearly Italians want what we all want: Automated Protect the Handicapped and the Children video services! This is really not that hard. Just have someone write a perl script that automatically detects any potentially offensive video before the video is posted. End of problem. Case closed. In carta diem di tutto! Done and done.

      It's just a simple matter of software at this point.

      --
      http://www.beanleafpress.com
    3. Re:Great big targets by bickerdyke · · Score: 2, Informative

      Small correction:

      He doesn't like ANYONE publishing ANY KIND of video. TV station owner, competition, wink wink nudge nudge

      --
      bickerdyke
    4. Re:Great big targets by Anonymous Coward · · Score: 0

      Not really.
      If the blogger leaves his blog uncontrolled for weeks. Then, yes, you can call the police.

    5. Re:Great big targets by Xeno+man · · Score: 1

      Hell, while your at it you can pump out a script that makes a computer self aware, a medical script that cures all ailments giving eternal life and maybe something to help men understand women.

      I knew perl was good but I didn't know it was that good.

    6. Re:Great big targets by Anonymous Coward · · Score: 0

      Not only that, but using the exact same video. And this boy will now become *the* boy with Downs syndrome known all over the net. And probably bullied for the rest of his life. Gah, those idiots..

    7. Re:Great big targets by marcosdumay · · Score: 1

      My home computer already automaticaly dischards any packet with the Evil Flag set. Really, when will google come along?!

    8. Re:Great big targets by Anonymous Coward · · Score: 0

      The judges did this. The judges prosecute Berlusconi too. It is not a decision of the government. It is not a law of the government. It is just the judges.

    9. Re:Great big targets by Anonymous Coward · · Score: 0

      So when do the Italians arrest the Pope for the sex scandals of the Catholic Church? I see no difference.

  3. What?!? by AllyGreen · · Score: 4, Insightful

    Thats a fucking witch hunt, what the heck else could google have done??

    1. Re:What?!? by Anonymous Coward · · Score: 0

      So you would like Google to personally review every video posted on youtube? In fact, nobody should be able to post anything online without it being reviewed by the powers that be, if I'm reading you right here.

      Did you even RTFS?

    2. Re:What?!? by natehoy · · Score: 5, Insightful

      So one person in their customer base posts an objectionable video, they are informed about that video and remove it immediately, they assist the local police in finding who posted the video, and you think their behavior is deserving of criminal charges?

      Man, I hope for your sake you never run a phone company in Italy. Imagine being held criminally liable every time one of your customers calls in a bomb threat to someone. Or the post office. Imagine the postmaster general being arrested and tried for murder each time a bomb is successfully mailed in the country.

      What do you expect? Someone at Google has to watch and individually approve each and every video ever posted? How is that respecting the rights of the individual? Not only is it impractically expensive, it would be violating the right to free speech that many countries allow.

      If Italy has their togas in a twist over people posting videos to public sites, the Italian government should pay for banks of censors and filter videos themselves.

      Giving individuals rights means that sometimes some individuals (like the assholes who posted the video referenced above) will abuse those rights. At which point you find those individuals and punish them.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    3. Re:What?!? by Anonymous Coward · · Score: 0

      In order to get permission of all the parties involved they would need to know who those parties are.

      To make this short: That would be impossible to do all the time.

    4. Re:What?!? by Muros · · Score: 5, Insightful

      What do you expect? Someone at Google has to watch and individually approve each and every video ever posted?

      Apparently that would not be enough. "Prosecutors argued that Google should have sought the consent of all parties involved with the video before allowing it to go online." So, Someone at Google has to watch every video, personally identify every person involved in the video, and get their consent, and then approve it.

    5. Re:What?!? by anegg · · Score: 3, Interesting

      Perhaps that is exactly what is required - is is at least reasonable to debate the point rather than dismiss it outright.

      Google offers a platform for publishing material. It is far different than a "common carrier" like the telephone company offering a communications system through which material is transmitted and received between individuals, or even an ISP (where multiple pairings are involved). It is, in fact, much more like a newspaper, with the difference that as it is currently run, no editor reviews the material appearing on the front page.

      I can imagine a scenario under which material pertaining to me could be obtained illegally and published. If a newspaper were to publish it, I would certainly want to hold the editor of the newspaper responsible. In fact, the courts do find the editors of publications such as the National Inquirer (in the US, other publications elsewhere) responsible for publishing illegally obtained material regarding public figures such as movie stars.

      Why is it so far-fetched to imagine holding the operators of an Internet-based publishing platform to a similar standard? Be careful in your responses, as I am not necessarily advocating holding them responsible; I am interested in understanding the reasoning under which it is considered ridiculous to do so.

      Reasonable responses, anyone?

    6. Re:What?!? by Transfinite · · Score: 1

      Apparently neither you or the Italian government understands how this "interwebs" thing actually works.

    7. Re:What?!? by m509272 · · Score: 1

      Bribe, apparently the usual practice there.

    8. Re:What?!? by Daengbo · · Score: 5, Insightful

      In your analogy, the account holder is the newspaper editor. Google is the delivery company that picks it up and trucks it off.

    9. Re:What?!? by Sulphur · · Score: 1

      Someone at Google has to watch and individually approve each and every video ever posted?

      They would have to hire everyone in Italy. Oh wait.

    10. Re:What?!? by jockeys · · Score: 1

      Reasonable responses, anyone?

      You must be new here.

      --

      In Soviet Russia jokes are formulaic and decidedly non-humorous.
    11. Re:What?!? by Anonymous Coward · · Score: 0

      I hope for your sake you never run a phone company in Italy.

      That's amazing! I just opened a fortune cookie that said the same thing!

    12. Re:What?!? by delinear · · Score: 1

      What do you expect? Someone at Google has to watch and individually approve each and every video ever posted? How is that respecting the rights of the individual? Not only is it impractically expensive, it would be violating the right to free speech that many countries allow.

      While I largely agree with you, I've seen this same statement a few times in this thread now and I have to say, I'm not sure the right to free speech is the same as the right to use a particular technology to enable that free speech (especially when other means are available - maybe the point could be stretched to say someone who has no other way of expressing their opinion would be covered). By that logic ANY website that doesn't allow me to post whatever I damn well like on their pages would be suppressing my right to free speech (and there are many, many websites who already do pre-authorisation on content before they allow it to appear on their sites).

      It doesn't excuse the fact that the outcome of this case is absurd, but we need to argue the right points or we end up diluting something as powerful as free speech.

    13. Re:What?!? by Anonymous Coward · · Score: 1, Interesting

      I would contend that your analogy is flawed. Google may not qualify as common carrier but neither is it a newspaper publisher. The closest analogy I can think of are the /. forums we're on right now. If I were to post illegal material here, is there a reasonable expectation that the /. editors would prevent it from posting? Or is it more reasonable that after receiving a complaint they would remove the infringing/illegal material?

      The only difference between YouTube and Slashdot is the medium of information exchange. Slashdot is primarily text based while YouTube uses a mix of text and video to allow users to communicate.

    14. Re:What?!? by Pheonix28 · · Score: 1

      The difference is, Newspapers hire people to write the articles, review the articles, and print the papers.

      Google videos are user submitted.

    15. Re:What?!? by Anonymous Coward · · Score: 0

      Many communities have public bulletin boards where anyone is allowed to post a flier for their upcoming show, or advertise an apartment for rent, etc. I think this is more analogous to what google/youtube provide. Apparently the Italian government thinks that bulletin board should be under glass, and the owner should review each bill before posting it on the bulletin board.

      I think they are free to assert that requirement, but if I were Google I'd just be inclined to discontinue offering the service.

      Note that I don't know much about local Italian laws, so complying with the order could cause Google to enter into other legal entanglements with regards to free speech, privacy, etc.

    16. Re:What?!? by delinear · · Score: 1

      That's quite simple - enrichment of society as a whole. If we held these companies accountable to such a huge degree, society would suffer the loss of tools which currently enrich us all, since it would be economically unfeasible. At the very least it would severely limit the content that could be shared to the point that it would be useless.

      Imagine you're a fledgling movie maker trying to get your work recognised via Youtube, can you seriously be expected to get the written permission of everyone at, say, a train station or a busy market place where you're filming? What if you're filming a documentary exposing corruption in a war torn part of the world, not only would it be impractical, it might even be dangerous for the people involved to identify themselves through consent. Similarly for whistleblowers against high power corporations/governments.

      The only sensible approach is to have opt-out rather than opt-in, allow the content (so long as it's not overtly criminal) and allow the people involved to reject and have it removed (with certain checks and balances in place to ensure that content in the public's interest still gets through).

    17. Re:What?!? by AlecC · · Score: 1

      Furthermore, every newspaper picture should seek the consent of every person in every photo they print. And at every sporting event, they should get the consent of every spectator who might get into shot? OK, in paid-for venues, you could put a condition on the tickets that you give your consent to being shown. But sporting events in public venues, political rallies, any crowd scenes... It is just impossible.

      --
      Consciousness is an illusion caused by an excess of self consciousness.
    18. Re:What?!? by Anonymous Coward · · Score: 0

      Mr Berlusconi runs Italy and owns ~50% of all media in the country. He hates Youtube, because they threaten his control over media/country.

    19. Re:What?!? by Jason+Levine · · Score: 1

      If Google is required to get the consent of all involved parties before posting a video, where's the line? Do message boards need to get signed consent from all parties before making a user's posting live? If I post "anegg is wrong in his arguments", does Slashdot need to get your consent before making the posting live or risk being sued?

      And think about it from the user's standpoint. Even assuming that websites could somehow track down users and ask for their consent, people would start getting consent letters from various websites. More well-known people would get lots of letters and wouldn't be able to reply to them all. Thus, many perfectly-average-and-innocent postings would be stalled. And if the posting/video was about someone's less than legal activities, all that person would need to do would be to refuse to approve it. No more negative information about them online! Say goodbye to the Streisand Effect because Barbara would simply refuse consent and the information disappears.

      Of course, in the real world this is impossible to enforce, but the system that the Italian courts seem to want in place would be a disaster if it didn't work and an even bigger disaster if it worked.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    20. Re:What?!? by twistedsymphony · · Score: 1

      Apparently that would not be enough. "Prosecutors argued that Google should have sought the consent of all parties involved with the video before allowing it to go online." So, Someone at Google has to watch every video, personally identify every person involved in the video, and get their consent, and then approve it.

      If they really need to identify and get the consent of every party does that mean that Italian TV stations aren't allowed to display video of public gatherings such as football games or people standing outside the vatican? I would suspect that they aren't able to appropriately identify and get consent from all involved.

      Either way I was under the impression that by posting the video the poster was giving consent per the legal jargon you must click through when posting, heck add some jargon stating that all parties must be identified in the description. If worded correctly the burden of proof should rely on the poster.

    21. Re:What?!? by Anonymous Coward · · Score: 0

      A few points of argument:

      1) YouTube is nothing like a newspaper. Newspapers have editors, paid writers and photographers, fact checkers and people who layout the articles, so they are evaluating the content every step of the way. By contrast, YouTube is more like a video swap meet, where total strangers off the street can walk in and share videos. The fact that the venue they provide is structured specifically for a particular type of media doesn't make them any less a common carrier.

      2) As stated elsewhere, YouTube is a content distributor rather than a publisher. As long as the servers are running, Google employees don't need to view a single YouTube video. Explain how it is fair to punish people for actions they didn't take regarding things they didn't know about?

      3) Every Web server is a "publishing platform". Most people get access to multiple means of publishing (email, personal Web pages, etc.) when they pay for Internet access via their ISP. I really don't see a significant conceptual distinction. For instance, what if someone mass emailed that video using GMail or HotMail. Would Google or Microsoft be held accountable for screening your incoming email?

      4) This whole thing strikes me as a great way to suppress press freedom. Want to post a video of police beating someone on YouTube? YouTube has to ask the police nicely for their permission first.

    22. Re:What?!? by Mikkeles · · Score: 1

      Google videos are user submitted.

      cf. letters to the editor and unsolicited articles.

      --
      Great minds think alike; fools seldom differ.
    23. Re:What?!? by Anonymous Coward · · Score: 0

      I want to see the permission slips of these folks off the Italy Tourism page.

      http://www.italiantourism.com/images/congress2.jpg

      Do you think they had all the congressmen sign a waiver?

    24. Re:What?!? by Anonymous Coward · · Score: 0

      The BBC agency news lacks an important part: there was a delay of about two months between video upload and removal. I suppose that this is the reason behind the sentence, and Goggle claims about a prompt removal seem quite flimsy, isn't it ?!?

    25. Re:What?!? by Mashdar · · Score: 1

      Let's just call it a "jobs bill".

    26. Re:What?!? by mr_gorkajuice · · Score: 1

      Many newspapers publish letters from the readers. The difference is that they go through and editorial process.
      What would actually happen if every site was responsible of any content hosted on their site? It would probably spell certain doom for services as popular as youtube, but let's face it - 80% of the videos there are crap that the world could do without anyway.
      Rather than assuming the creative sharing would come to a complete halt, could we imagine that niché sites would flourish?
      I'd rather go to icanhascheezburger.com than do a Google picture search on "funny cats", because the editorial process on that site ensures that only decent quality is immediately available, and I don't need to weed out so much trash on my own.
      Assuming Youtube was forced to close down, or only, say, 50-1000 new videos actually got released per day, since everything had to be manually reviewed and approved in accordance with how-many sets of local legislation, would it be unreasonable to assume new sites would surface, specializing in videos within certain fields of interest?

      It would be a tedious process indeed, and user-submitted videos would become a different world than what it is now. However, we need to keep in mind that there was a world before Youtube. Just because *they* can't be asked to approve everything submitted, does that mean an editorial process of graphic material published to the entire world should be entirely optional?

    27. Re:What?!? by Pheonix28 · · Score: 1

      That requires someone reading the article/letter, and then deciding that they wish to put it into the paper. It is not something where a user just submits an article/letter and it automatically is printed in the daily paper.

    28. Re:What?!? by obarel · · Score: 1

      Incredibly enough you were modded 'Flamebait', but I'm actually very interested in a reasonable discussion.

      I find a logical problem with the following argument: "We publish user content. It's impractical for us to check it. So we don't, but if you complain we'll have a look." I can think immediately of the counter-argument: "If you can't do it properly, please don't do it until you can." Nobody's forcing Google to publish user content - it might be profitable for them (or maybe not), but they don't *have* to do it if they can't do it properly.

      Free speech is not harmed if publishers are asked to be responsible for what they publish (as you say - google is not a carrier, it's a publisher - it keeps data on its own servers, it doesn't simply provide access to data kept on someone else's servers).

    29. Re:What?!? by Modern+Demagogue · · Score: 2, Insightful

      This is fundamentally different than your examples; by definition youTube is using this content to turn a financial profit; they are not blind such as a phone company, who makes a profit by charging a fee to two users and provides a private channel of communication between them, or the mail, which is also private communication.

      People need to stop thinking of YouTube / Google as some helpless 3rd Party that is not responsible for the content it disseminates, and that the paradigm of email or a network neutral approach applies. They are not a common carrier with distinct sender/receiver parties; they are a public distribution network accessible by all much closer to broadcast television. A television network would not be allowed to air a video like this without clearing all the rights to it, unless they were using it as part of a news piece, and even then they might have to blur some of the faces etc. Why should google not have a similar duty of care?

      Google and Youtube are essentially for profit entities which sell ad space next to, before, or on top of content provided by another entity. All internet content distributors have a legal duty to make sure they have the rights to the content they distribute, before doing so.

      Yes this is inefficient and would curtail the growth of such sites, but their explosive growth is only because they are not responsible for their true cost of doing business, and have been getting a free ride for far too long through a loophole exemption in the DMCA. I should not have to patrol the internet to make sure my copyrights are not being violated; I should be able to go to sleep at night knowing that my content is safe wherever it is being distributed, because that distributor has taken the necessary precautions to clear all rights and compensate performers, artists, and creators appropriately; even if that performer is an autistic child.

      And yes, I do expect that someone at Google should watch every video, and file the accompanying paperwork; talent release forms, rights releases for music, photographic releases from the dp etc... Thats how it works with every other form of mass media. If it is impractically expensive; then perhaps the notion of Google, Facebook, etc, are impractical in and of themselves. And this would not violate free speech — you clearly don't have a firm grasp of what Free Speech actually means or entails. Copyright fraud or intellectual property theft are not protected elements of free speech.

    30. Re:What?!? by Anonymous Coward · · Score: 0

      I think your comparison with a newspaper breaks a little. First off, a newspaper does not publish all user content (which youtube does). Second, a newspaper cannot be corrected after publishing (unlike youtube, where a video can be removed later).

      Holding youtube responsible for all the videos that are posted is rather obviously impractical. This is why in some countries (for reasons of copyright infringements, but lets not go there), websites like youtube are required to have a working notice-and-takedown system (if you're Dutch, see this blogpost).
      Asking youtube to check all videos and somehow identify everyone in them, then also asking youtube to find these people and request their consent, is even less practical. Imagine I make a video of a concert I've seen. Hundreds of people are on such a video. It would be far more practical to ask youtube users to check a box "Everyone in this video has approved of the posting of this video". Even that would be strange.

      To go back to your newspaper; if such a paper obtains illegal content (say, ACTA treaty leaks or secret documents that provide proof of fraud), is it illegal for them to report on this? I believe this is not so. The same goes for your example of public figures, assuming the content is newsworthy. In cases where the content is not newsworthy, the notice-and-takedown system is in place. This way, normal people can enjoy exchange and enjoy videos. If the said measure is taken, youtube would drown in claims from copyright owners and other such people that would otherwise just have used the notice-and-takedown system. I don't think a lot of average people would consider that a very reasonable thing, regarding youtube's popularity.

      As a last argument, the bullies that committed the crime have been caught because the video was posted. How is this a bad thing?

    31. Re:What?!? by Anonymous Coward · · Score: 1, Informative

      Newspapers (in the USA) do not need the consent of individuals to post their pictures or quote them, so long as the speech recorded was heard in a public space or the pictures were taken in a public space. The general rule of newspaper photography is, "If I'm allowed to stand where I'm standing, and I can with ordinary effort take the picture, and the image is in no way misleading, then it can be printed." (Misleading being camera tricks: making someone seem like they're somewhere they're not, etc.)

    32. Re:What?!? by 91degrees · · Score: 1

      Ultimately what the ruling says is that YouTube is illegal.

      Google's only option is to have a service that gets explicit permission from anyone featured in the video before posting.

    33. Re:What?!? by NeutronCowboy · · Score: 1

      Of course - that's the standard broadcast model. Mostly. Of course, this model is also being ground into fine bits and pieces by the internet, and therefore represents a huge threat to Berlusconi's media control and business empire. This is nothing more than the use of government employees to help Berlusconi get rid of competition. Which is standard operating procedure for him. I'm almost surprised Google didn't see this coming.

      --
      Those who can, do. Those who can't, sue.
    34. Re:What?!? by Anonymous Coward · · Score: 0

      You forgot to get the consent of each entity you named in your response.

      Please withdraw your post or ask permission from the following people or companies:

      • National Inquirer
      • All other publications elsewhere, not limited to the known celestial bodies
      • Anyone

      Otherwise I sure do hope you get to spend some quality time behind bars you inconsiderate bastard!

    35. Re:What?!? by natehoy · · Score: 1

      I've seen this same statement a few times in this thread now and I have to say, I'm not sure the right to free speech is the same as the right to use a particular technology to enable that free speech

      Agreed, but does that mean that each provider of a medium of communication that might be used for free speech becomes individually responsible for all communications done over that medium?

      By that logic ANY website that doesn't allow me to post whatever I damn well like on their pages would be suppressing my right to free speech

      No, companies who pay for a medium still have the right to censor things they don't want on a specific medium (free as in speech != free as in beer argument). They also have the obligation to follow local laws which may or may not increase censorship.

      The trouble here is that Google DID appear to follow the law. They were informed of a violation in a video, and responded by removing the video AND assisting law enforcement in tracking down the people who posted it, since the violation appears to have included child abuse of a Downs kid.

      Now they are being told that they face criminal penalties for allowing someone else to use their medium to communicate.

      The following is only a scenario:

      I could use my Gmail account to send credible death threats to a member of the Italian government. Google could then use my account details and commonly-used IP addresses to track me down, and I could rightfully be charged with a crime.

      What liability does Google have in having allowed me to send the threatening email in the first place? Should the person who was monitoring the Gmail servers that day be held liable because they failed to prevent the delivery of my message?

      If I then followed through with that threat and mailed a bomb or some anthrax to that hypothetical government official, what employees of the US or Italian post office are my accomplices for allowing that package to make it to its destination?

      Does the mail clerk who works at the Italian government building who carried the package up to the politician's office also get charged as an accomplice?

      Or are we saying that Google should be individually screening every message ever submitted to every one of their services in order to make sure it doesn't violate Italian law? Will they also need people who are experts in the laws of every other country as well?

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    36. Re:What?!? by somersault · · Score: 1

      Which is all reviewed and handpicked before being printed. And is very, very, very, very, very, very, very, very, very, very (very) limited in scope even in a daily paper compared to reviewing every video and comment posted to youtube each day. Online services work much better on a post facto moderation basis, otherwise the internet would be a very slow moving place and require almost as many moderators as users. It simply would not work.

      --
      which is totally what she said
    37. Re:What?!? by Anonymous Coward · · Score: 0

      Your right because its easy to police the TWENTY HOURS of video uploaded EVERY MINUTE! You ignorant troll

    38. Re:What?!? by NeutronCowboy · · Score: 1

      Because Youtube puts out into the public place what happens every day at the bar, in the office, at home: the completely un-checked dissemination of information.

      To me, your approach is the equivalent of having some government employee follow every person in the US and make sure they're not disseminating illegally obtained information, plotting an illegal action or disseminating falsehoods. No thank you.

      The privacy cat is out of the bag. We're back to a world where what you is known pretty quickly across the world. You're not going to put this genie back into the bottle anymore than the one of easy digital copies - because they're intimately tied together.

      --
      Those who can, do. Those who can't, sue.
    39. Re:What?!? by Attila+Dimedici · · Score: 1

      A better comparison would be to a TV station. I am pretty sure that if this video had been submitted to a local TV station (or a national network) in the U.S., they would have legally been allowed to broadcast it.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    40. Re:What?!? by Firehed · · Score: 1

      If the webmaster chooses to review any and all content you post before it's published, that's fine (impractical, but there are a hundred other sites that won't do so which you're free to use). If the government requires the site to do so, that's a violation of free speech. It's a slightly gray area if it's a government-run forum (or video sharing site, etc.) but I think that so long as they haven't intervened and shut down every other forum, etc., then I think it would be fine.

      I don't know what, if any, laws there are in Italy about free speech, so that may not actually be illegal there. IANAL, and most definitely IANAIL.

      --
      How are sites slashdotted when nobody reads TFAs?
    41. Re:What?!? by Anonymous Coward · · Score: 0

      Perhaps that is exactly what is required - is is at least reasonable to debate the point rather than dismiss it outright.

      Google offers a platform for publishing material. It is far different than a "common carrier" like the telephone company offering a communications system through which material is transmitted and received between individuals, or even an ISP (where multiple pairings are involved). It is, in fact, much more like a newspaper, with the difference that as it is currently run, no editor reviews the material appearing on the front page.

      I can imagine a scenario under which material pertaining to me could be obtained illegally and published. If a newspaper were to publish it, I would certainly want to hold the editor of the newspaper responsible. In fact, the courts do find the editors of publications such as the National Inquirer (in the US, other publications elsewhere) responsible for publishing illegally obtained material regarding public figures such as movie stars.

      The difference between a newspaper and a common carrier is that most words in a newspaper are written by newspaper employees, and every word in the newspaper was read by the editors. The editors made a decision to print the words in the paper. The phone company is different. If I say something in a phone call, you don't blame the phone company because you know they have no control over what I say, or knowledge that I would say it.

            When I read a news article that says "John Smith is a serial killer", I know a reporter paid by the paper said it. When someone uploads a video to youtube saying the same thing, I know that the person speaking is not in any way connected to google. I also know that the odds anyone who works at google has even seen the video are small. Therefor, google did not commit libel if the accusation is untrue. If google is notified of the video, and chooses not to remove it, then the situation is analogous to a newspaper. Until they are notified, it is unreasonable to hold them accountable for speech they are unaware of.

      Why is it so far-fetched to imagine holding the operators of an Internet-based publishing platform to a similar standard? Be careful in your responses, as I am not necessarily advocating holding them responsible; I am interested in understanding the reasoning under which it is considered ridiculous to do so.

      Reasonable responses, anyone?

    42. Re:What?!? by lordholm · · Score: 1
      The prosecutor apparently failed in his European Law studies.

      Article 15, paragraph 1, e-commerce directive: Member States shall not impose a general obligation on providers, when providing the services covered by Articles 12, 13 and 14, to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity.

      --
      "Civis Europaeus sum!"
    43. Re:What?!? by Hatta · · Score: 1

      Giving individuals rights means that sometimes some individuals (like the assholes who posted the video referenced above) will abuse those rights. At which point you find those individuals and punish them.

      Or you take those rights away, which is exactly what Berlusconi wants. Italy is not a free country.

      --
      Give me Classic Slashdot or give me death!
    44. Re:What?!? by lordholm · · Score: 1

      The prompt removal was after the authorities made Google aware of the video. Even if people had been complaining in the video comments, you cannot expect that Google would actually have a human read all comments for the countless of videos that are uploaded.

      The e-commerse directive is clear on this, there are to be no requirement for monitoring in member state laws, and a hosting company is free from penalties in the case they act swiftly after becoming aware of the illegal materials. Google did delete the video 2 hours after they where notified by Italian authorities.

      Whether or not it was on the site for 2 months or 2 years doesn't really matter as long as they acted swiftly when they where finally made aware of the situation.

      --
      "Civis Europaeus sum!"
    45. Re:What?!? by Volante3192 · · Score: 2, Insightful

      I can think immediately of the counter-argument: "If you can't do it properly, please don't do it until you can."

      We're sorry, but you cannot post this until it has been properly vetted by the Italian government. Your reply will now be redacted until the proper authorities can verify your post does not violate anyone else's rights or privacy.
      .
      .
      .
      In fact it would be likely, in your example, that of this discussion would likely be happening because Taco would still swamped under posts that say 'Why isn't this in idle?'

      The same goes for any other message board, forum or community site that has visitor interaction. Imagine trying to filter Facebook or Twitter. You say free speech would not be harmed? I'm at a loss to understand how you could believe that.

    46. Re:What?!? by Volante3192 · · Score: 1

      Err, that's "this discussion would likely NOT be happening..." in paragraph 2.

    47. Re:What?!? by Volante3192 · · Score: 1

      I should not have to patrol the internet to make sure my copyrights are not being violated

      Why not? They're YOUR copyrights. It's your responsibility to ensure they're being protected since you're the only party that can file suit against infringers. It's not my responsibility to make sure you're being protected, nor is it Google's.

    48. Re:What?!? by Al+Dimond · · Score: 1

      I assume you don't think a human at Slashdot HQ should moderate all posts before they appear. Your argument seems plausible to me when I think about how it affects a video site like YouTube, but when it comes to text comments it seems draconian.

      I can understand a legal framework under which YouTube is fine and one under which every video puts it at great risk. Hell, a country could decide that the "publisher" is responsible for unmoderated forum/mailing list/newsgroup posts. The only thing wrong with doing that is that it's impractical; so much of the Internet is "post first, moderate later", that they'd leave many providers of useful services little option but to block all Italian IPs.

      Perhaps that's the answer. Imagine that all mailing lists, forums, and newsgroups just stopped serving Italy. It's the logical end result of their policies. Italy would lose out of so much of the useful Internet that they'd have little choice but to go along.

    49. Re:What?!? by corbettw · · Score: 1

      Incorrect, Google is the publisher of the paper in this analogy. The ISP of any person accessing the video would be the delivery truck.

      --
      God invented whiskey so the Irish would not rule the world.
    50. Re:What?!? by Anonymous Coward · · Score: 0

      Well if you can find a cost effective method to sift through and view the approximately 20 hours of video uploaded every minute of the day then it might be more feasible. If Google or any other host had direct knowledge that something like this was going to happen and then allowed it to be posted and whatnot then you should hold the host responsible in some way as well. However when you are talking about trying to sift through and view and find out what is and is not illegal on posts or videos uploaded by thousands of people every minute then its near impossible to do so. Newspapers are much easier to go through since they have limited material they publish and sift through although even then editors sometimes might miss little things. But if Google purposely put this video on the front page and knew what was in it then again, hold them somewhat responsible just like you would hold an editor or other person responsible for putting offensive content on the front page of a paper.

    51. Re:What?!? by Anonymous Coward · · Score: 0

      ...it would be violating the right to free speech that many countries allow.

      Italy is not one of those countries by the way, there is no free speech there.

    52. Re:What?!? by Anonymous Coward · · Score: 0

      Your analogy is more like holding the owner of a grocery store responsible for what people freely post on his "for community use" bulletin board at the entrance.

      It would be ridiculous to require the store to have an employee review each attempted posting and get consent from everyone / everything mentioned in that posting before allowing the poster to tack it up. It's just not worth the effort and the result would be that public forums everywhere will disappear.

    53. Re:What?!? by natehoy · · Score: 1

      Google offers a platform for publishing material. It is far different than a "common carrier" like the telephone company [...]
      It is, in fact, much more like a newspaper, with the difference that as it is currently run, no editor reviews the material appearing on the front page.

      It's really neither, which is where analogies to either always get sticky.

      With a newspaper, the assumption is that the newspaper has verified the content because they are claiming or attributing the rights to it themselves. With something like YouTube, the validity, legality, and rights to a piece of content are verified by the person who posted it. That party is ultimately responsible for any violations that may occur.

      Google, in the form of YouTube, is offering a communications channel. It's like a phone line in that no one really has the right to stop you from breaking your local laws on it, but you are held liable for your own actions on it. It's like a newspaper in that more than one person can read it.

      Each YouTube video has an editor. The person who posted it. And that editor can (and should) be held accountable for it.

      Their closest analogy, as things stand today, would be to say that Google is the press operator that actually prints the papers that someone else writes or edits. They are paid for "ink and paper and fuel", not content per se.

      I can see an argument where they should more actively edit the content coming in. I don't agree with it, but I can understand it.

      The reason I disagree with it is because copyright or legal violations should be the responsibility of the person who committed the violation.

      YouTube tracks information about people who post videos. That's how they were able to help the Italian government find and prosecute the real criminals in this case - the people who posted the video (and hopefully the people who filmed it).

      They didn't create the video, they didn't post the video, and they didn't approve it. In a user-initiated web content system, that's not their role.

      Maybe it should be. But I honestly don't believe so.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    54. Re:What?!? by Skuld-Chan · · Score: 1

      Its not even remotely reasonable to debate this though.

      I read somewhere (on youtube I think) that 16 hours of video gets uploaded every minute - you'd have to have like a thousand people watching people get kicked in the nuts over and over - just to watch the videos. Never mind the extra time spent identifying and then emailing/calling everyone who appears in the video to make sure they had consent to post it - so you'd have to have like 2000-2500 employees just screening videos 24-7. That seems to be an unreasonable burden. It would be like having a personal screener for every bulletin board at work or school to make sure people don't post rogue materials on there.

      No - that's why they make you check that box that says you have permission to post the video (which includes release and consent for the people who appear in the video), and that the video doesn't violate any acceptable use rules that google wrote (which this video did).

      To go back to the bulletin board analogy - it someone posts a nudie pic on the board - it may get removed by a passing employee, or it may get complained about by a student or co-worker, but you certainly can't complain to the company when some idiot decided to break the rules and do that.

    55. Re:What?!? by natehoy · · Score: 2, Interesting

      All internet content distributors have a legal duty to make sure they have the rights to the content they distribute, before doing so.

      No. Internet content originators do. So if you posted a video to Google that turns out to be a copyright violation, you (as the person who posted the video) are open to a lawsuit.

      Google will remove the video upon the copyright holder's request, but they didn't create the video. Their liability ends with good-faith efforts to comply with takedown notices, and compliance with court orders to help you track down the offender when you file suit.

      And yes, I do expect that someone at Google should watch every video, and file the accompanying paperwork; talent release forms, rights releases for music, photographic releases from the dp etc... Thats how it works with every other form of mass media.

      The content originator or their employer is usually held liable. Not their distribution or display channels.

      Let's say I'm a music company produce a song and publish it, then sell that song over various channels. Those channels each make a profit by playing it. Then it turns out that four notes were similar enough to a Jimi Hendrix song and Jimi's great granddaughter sues me for $1 billion.

      How much liability does the radio station who played my song or local CD shop who resold my CD share? Can Jimi's estate also sue them? I'm the only one who is accused of violating copyright, but others have profited from my violation.

      How far does it go? Does the liability stop with the one who broke copyright, or does it extend to everyone who made a profit or was involved? Can they sue the recording studio I rented to make the CD? The manufacturer of the recording equipment? Albert Einstein's estate, since he invented recording media in the first place?

      No. It stops with the person who originated the violating content and claimed rights to something they don't have rights to.

      I should be able to go to sleep at night knowing that my content is safe wherever it is being distributed, because that distributor has taken the necessary precautions to clear all rights and compensate performers, artists, and creators appropriately;

      No. If you want your copyrights enforced, you are responsible for identifying infringements and pursuing them. That's your legal right, and your legal responsibility. Copyright violations are a civil matter, between you and the person who is violating your copyright. No one else is qualified to identify them anyway.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    56. Re:What?!? by severoon · · Score: 1

      Let's see if I can find any reasonable responses. Here. That was easy.

      --
      but have you considered the following argument: shut up.
    57. Re:What?!? by billybacs · · Score: 0

      Technically correct, but you're disagreeing over the wrong point. The account holder IS the editor that decided to publish the video. A better analogy would be a book: The publisher (Google) isn't held responsible for someone printing a libelous book; the author (account holder) is. Why is it Google's responsibility to verify what's being published? It provides a platform, and in order to use it you are stating that you hold all the relevant permissions and copyrights. So based on the court's interpretation of this, it still should be on the account holder who LIED when he said he held the relevant permissions. Google doesn't choose what to "publish" like a newspaper does or a broadcast news network.

    58. Re:What?!? by O('_')O_Bush · · Score: 1

      The ISP would be the sidewalk one uses to get the newspaper. Google would be the delivery truck.

      The user poster of the video would be the publisher.

      --
      while(1) attack(People.Sandy);
    59. Re:What?!? by Anonymous Coward · · Score: 0

      In your analogy, the account holder is the newspaper editor. Google is the delivery company that picks it up and trucks it off.

      No. In that analogy the account holder is the article author and google is the publisher. Newspapers don't publish on paper only anymore. Imagine a newspaper that takes articles written by anonymous cowards and publishes them without reviewing them. That is what's happening here.

      Of course that's the way the web works. A network that is completely managed by gatekeepers isn't the internet we've come to know and love, it's just another centrally controlled publishing medium.

    60. Re:What?!? by billybacs · · Score: 0

      No, and that's already in place. People flag the content as inappropriate, and at that point it gets edited and removed if necessary.Yes, material may have been seen by potentially thousands by the time it comes down, but in any case, the onus is on the SUBMITTER who posted it in the first place. In order to submit a video, you have to certify that you possess the necessary copyrights and/or permissions to post the video. Processes that work IRL don't necessarily scale, especially in the online world. If you scaled the same approval process of newspapers, you would have a months-long queue as stated above. Look at any governmental work or approval process. Everything must be approved at multiple levels, and as an anecdote on approval delays, somewhere I worked had a redesigned web site ready to go live ~2.5 years before it was approved.

    61. Re:What?!? by J+Story · · Score: 1

      Maybe laws work differently in Italy. It seems to me that Youtube must have terms and conditions in which the poster assumes responsibility for ensuring he has the rights to upload content.

      Granted, laws are a little funny when dealing with contracts with children, but that does not seem to be the point of contention in this case.

    62. Re:What?!? by corbettw · · Score: 1

      No, the user poster would be the person who mailed in a letter to the editor. Since Google owns the actual servers, they're the publisher. Besides which, Google is the one who decided to post the video without checking that all involved had signed their consent (they did so by making it possible for the user to upload videos that were instantly viewable by anyone and everyone in the first place).

      It's really not that difficult, I'm not sure why you're having a hard time understanding this.

      --
      God invented whiskey so the Irish would not rule the world.
    63. Re:What?!? by O('_')O_Bush · · Score: 1

      "It's really not that difficult, I'm not sure why you're having a hard time understanding this."

      Because there's a difference of opinion on the role of Youtube as a publisher or as a medium.

      It's not a matter of lack of understanding.

      You have a very narrow minded view that an alternative perspective other than your own is "Incorrect", when in reality there is no evidence presented one way or the other.

      Clearly, Italy agrees with you that Google is a publisher, while Google has the opposing viewpoint that it is providing a medium for content providers (publishers) to show their work.

      Current U.S. copyright law sides with Google on that difference (you are probably well aware of Youtube users getting in trouble for violating music copyrights).

      --
      while(1) attack(People.Sandy);
    64. Re:What?!? by Binkleyz · · Score: 1

      Wait.. How do these trucks fit into the tubes?

    65. Re:What?!? by angel'o'sphere · · Score: 1

      So one person in their customer base posts an objectionable video, they are informed about that video and remove it immediately, they assist the local police in finding who posted the video, and you think their behavior is deserving of criminal charges?

      Yes of course! I really don't understand what is wrong with the /. crowd why have you such a low understanding of what is right and fair?

      Youtube/Google has to prevent from the start that stuff like this happens. By removing the video, the harm is not healed! By helping to find the poster, the harm is not healed!

      And now you all shout "free speech, free speech" ... WTF! What is more valuable? Your damn right to illegally acquire a video, e.g. from my GF running around naked, or my and her right to be left alone and not have that stuff posted in the internet?

      How can it be free speech if I post a video which I should beforehand not even have???

      angel'o'sphere

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    66. Re:What?!? by Xeno+man · · Score: 2, Interesting

      Because in your poor analogy you are placing thing as you see them to fit your position in the argument. Basically we need to scrap this analogy and start a new.

      Lets say you own a building downtown which as a large blank wall that faces the main street. Now lets say you had a mural painted on it like a city heritage or your company logo or anything to make it nicer. What it is is not important but what is important is that you have something there that you intend for people to look at. Now one night I come along and spray paint a giant penis on your wall. The next day people see it and eventually someone lets you know that it is there and you have it removed.

      Now what your arguing is that you need to be charged for owning a wall that displayed a offensive image and that you need to hire a guard to patrol your wall to prevent anyone from doing that again. That seems like an excessive amount of responsibility on one person to control the actions of another but that is what your arguing here.

    67. Re:What?!? by angel'o'sphere · · Score: 1

      GP: The ISP would be the sidewalk one uses to get the newspaper. Google would be the delivery truck.

      YOU: The user poster of the video would be the publisher.

      That is what you think. But that is not how the law defines it.
      The GP is actually correct. Every web site (under german law) is a publisher and has all the responsibilities related to that. That might be different in your country, but is certainly very similar all over europe.

      angel'o'sphere

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    68. Re:What?!? by angel'o'sphere · · Score: 1


      Then it turns out that four notes were similar enough to a Jimi Hendrix song and Jimi's great granddaughter sues me for $1 billion.

      As far as I can tell: if you make a video of a handicapped person that is bullied, and then "illegally" distribute it on youtube, and then the granddaughter of Jimmy Hendrix realizes how similar that person looks to Jimmy Hendrix, you get sued by: the granddaughter, Jimmy Hendrix himself, the person on the movie, the parents of the person on the movie, and the daughters of that person ofc.

      So, man, don't you understand the difference of making pictures/movies from real persons and "inventing" music .... *facepalm* ?

      angel'o'sphere

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    69. Re:What?!? by Anonymous Coward · · Score: 0

      If they are unable to get consent of all parties in the video, then they must stop operations until they can. That is how the law thinks.

    70. Re:What?!? by Anonymous Coward · · Score: 0

      Google is a U.S. company where the laws are different, and neither is Italy in Germany.

    71. Re:What?!? by corbettw · · Score: 1

      You're right that the previous analogy was stretched too far. That happens with analogies, and taffy. But your new one has a flaw: the person painting the penis isn't doing so because they were invited to, they're doing it against the wishes of the building's owners.

      A better analogy would be: you set up a large blank wall, and invite graffiti artists to come and spray paint on it. One of them paints a horrific scene that celebrates abusing people (pick your group, it doesn't matter for this discussion). The people who invited the artists are told by passers by that the scene is horrible and offensive and should be taken down. Yet, they do nothing until they receive a letter from a lawyer telling them they're in legal trouble (which they should've known was possible if their lawyers had ever bothered to check the local statutes). Then they proclaim their innocence and help the cops find the artist who drew the image.

      Do you see the difference here? Google isn't the victim of a defacement. They actively sought people to post videos on their servers, and it turns out one of those videos broke a law in Italy. Now they're suffering the consequences of that action (allowing the video to be posted on their site in the first place).

      I'm not now, nor have I ever, argued that this law is just. But it is what it is, and if you want to run a business anywhere it is your responsibility to know the laws that may affect you. Ignorance of the law, or claiming it's too hard to obey, is no excuse.

      --
      God invented whiskey so the Irish would not rule the world.
    72. Re:What?!? by corbettw · · Score: 1

      Clearly, Italy agrees with you that Google is a publisher

      I've been arguing what the law in Italy states, not my own opinion. Thank you for finally conceding that I've been entirely correct this entire time.

      --
      God invented whiskey so the Irish would not rule the world.
    73. Re:What?!? by Rene+S.+Hollan · · Score: 1

      A newspaper is a bad analogy, precisely because the content is edited.

      A bulletin board in a supermarket, or a very large one in a public square is a better analogy: anyone who can pay for the paper (content hosting), and find a free spot on the board (bandwidth), can post whatever they want, that is legal for them to post.

      The poster has control over what they post and therefore can be held liable for it, if they can be found.

      The owner of the bulletin board has the power to remove offending items upon appropriate request but otherwise does not exercise editorial control. In fact if the owner does exercise such control they lose the immunity offered by ignorance of content posted -- "common carrier" status, which is covered by legislation and precedent in many parts of the word. In effect, they provide the medium but not the message.

      So, the poster is liable for the message, and the board owner the medium.

      The proper way to deal with this is to ensure that who controls the medium does not frustrate identifying the source of offending messages, and is best addressed via laws regarding anonymity.

      With regard to the bulleting board analogy, one might have laws requiring such boards to be monitored so posters of offending material can be identified and prosecuted. I'm not suggesting that I'd agree with such a requirement, because I value anonymity (as well as privacy) in a free society.

      Such media are immensely valuable to buttress the exchange of information as it has value in commerce as well as in the realm of ideas (which, arguably, can be dangerous to governments), and therefore the providers of media must have a clear legislative framework in which they can operate so they know their liability. Without it (whether the framework is reasonable or not, to a particular observer), a chilling effect occurs and the availability and therefore benefits of access to such media are lost. Can you imagine commerce without advertising? Should advertisers be held to standards of honesty? Should publishers of advertising? Should advertisements be subject to editorial review? If so, this raises the cost to advertise, and shuts out small advertisers -- No "Craigslist" for you!

      Because advertising is commercial, it stands to reason that there is a desire to protect commercial interests.

      But publication of news or opinion is NOT commercial, except to the extent of the value placed in the reliability of the news. Without editorial oversight, publication is very inexpensive (and, IMHO, a boon to freedom, if at the expense of reliability, or sensibility). Is it really that desirable to purchase reliability and sensibility at the price of freedom?

      Italians may (or their present government dictate) "Yes", but if Americans hold to their hard won First Amendment principles, I think many would (at least I hope they would) shout a resounding "No!".

      --
      In Liberty, Rene
    74. Re:What?!? by Anonymous Coward · · Score: 0

      "I've been arguing what the law in Italy states, not my own opinion. Thank you for finally conceding that I've been entirely correct this entire time."

      Yet, because you didn't explicitly state that you were simply giving the stance of Italian law, and because you were replying to a generic analogy about the relationship between Google and its users, you would not be "correct" at all.

      You would simply be giving your perspective.

    75. Re:What?!? by Anonymous Coward · · Score: 0

      Or would the ISP be the delivery company?

    76. Re:What?!? by Entropy98 · · Score: 1

      In your analogy, the account holder is the newspaper editor. Google is the delivery company that picks it up and trucks it off.

      So the Internet is a dump truck?

    77. Re:What?!? by Anonymous Coward · · Score: 0

      I think you will feel much different about google, uploading video's and such... when it's your ass that was filmed while you were taking a shit near a road and somebody filmed you ! :)

    78. Re:What?!? by Anonymous Coward · · Score: 0

      I assume you don't think a human at Slashdot HQ should moderate all posts

      The Register does this and uses it to stifle any posts that it does not like. A while ago I posted about Andrew Orlowski not allowing comments on his stories. The post never appeared. I the recieved a direct email from Orlowski, making it clear he had accessed my email address from ELReg's database.

      I have frequently tried to post the fact that they do not keep your account details secure as shown in this example, but every single post is "disallowed by moderator".

      If you post on EL reg use a throw away email account, as they cannot be trusted.

    79. Re:What?!? by dissy · · Score: 1

      So, Someone at Google has to watch every video, personally identify every person involved in the video, and get their consent, and then approve it.

      Hmm.. I wonder if that means when the government posts something referencing the public, without getting the consent of every person that makes up the public, the government can be brought up on these same charges?

      Oh yea *faecpalm* Dunno where my mind was for a minute there.

    80. Re:What?!? by Anonymous Coward · · Score: 0

      If Italy has their togas in a twist over people posting videos...

      You used a poor euphemism -- instead you should have written "If Italy has their spaghetti in a knot over people posting videos..." Reserve the "togas in a twist" for talking about the Greeks.

    81. Re:What?!? by Anonymous Coward · · Score: 0

      Because in the real world, the advertisers pay the delivery company, and not the newspaper?

    82. Re:What?!? by Anonymous Coward · · Score: 0

      No, in his analogy the responsible is the publisher (=YouTube), but YouTube is owned bu Google!

    83. Re:What?!? by Anonymous Coward · · Score: 0

      But Google is the entity that is actually performing distribution of said works, hence their potential for liability. While the editor at a newspaper might be punished by their employer for copyright violations, it would the the newspaper itself that is held liable initially, since they conducted the actual act of making the works available to the public.

    84. Re:What?!? by Acaeris · · Score: 1

      OK, if you want every website editor and owner to make sure any and all publicly displayed material has all the correct accompanying paperwork completed for every applicable law of every country in the world then you might as well stop using the internet now as nothing, business or otherwise, would go to that effort for even one tiny article of information. Even if someone did go to all that effort, good luck to them finding a hosting service as they would have all gone under the same weight of paperwork.

  4. Mistake by seven+of+five · · Score: 2, Insightful

    This seems to be a mistake by the particular court that tried the case. Don't the Italians have an appeals process? It's just silly.

    1. Re:Mistake by Anonymous Coward · · Score: 5, Informative

      Don't the Italians have an appeals process?

      In the worst case, Google could go to the European Court of Justice since the European E-Commerce directive "says that "technical intermediaries" – web content hosts – are not liable for bad content but the creators or video posters are."

      See this Euractiv article for more.

    2. Re:Mistake by Dhalka226 · · Score: 1, Interesting

      Look, I think the decision is as stupid as everybody else does. But unless you are an expert on Italian law, don't go yammering about how an Italian judge doesn't know how to apply the law of a country you probably don't even live in.

      Enforcing stupid laws does not make him a bad judge, nor does it make his decision a mistake. If you have evidence to the contrary other than "well I don't like this very much and therefore it must be wrong!" then by all means, point it out and let's have a look.

    3. Re:Mistake by ShieldW0lf · · Score: 0, Offtopic

      Enforcing stupid laws does not make him a bad judge

      I wish I was still that naive and unaffected by the world I live in. Stupid laws are the personal responsibility of every member of the society without exception. At the absolute least, they are the result of an entire civilization of "good men who do nothing".

      If Google wants to "do no evil", they are going to have to stop working within the laws of every society, and they are going to have to play hardball and shoot first with bullets of truth that topple the careers of hypocrites. It's pretty obvious that they have the capacity. If they decide to play with these people, they're going to end up like Deborah Jeane Palfrey, and they're going to deserve it.

      These laws don't exist to protect kids with Autism. They exist to protect people like Berlusconi from the consequences of his actions. So, give everyone the truth, and watch your enemies fall to the angry mob.

      --
      -1 Uncomfortable Truth
    4. Re:Mistake by JohnFluxx · · Score: 1

      "Enforcing stupid laws does not make him a bad judge," uh, yes it does.

    5. Re:Mistake by delinear · · Score: 4, Insightful

      No, GP is right. The reason we have stupid laws is because we have stupid and/or corrupt politicians. The judge in this case isn't necessarily either stupid or corrupt - quite often an astute judge who recognises a stupid law will set up a trial case (preferably by finding against someone big enough to take care of themselves like Google) which they know will almost certainly go to appeal. Once it goes to appeal, any precedent set is more binding on the lower courts. This is one of the most powerful ways in which the judiciary can use the legal system to highlight unjust laws, and I have respect for those judges who do because they take an incredible amount of flak from the man in the street who just sees a stupid decision.

      That's not to say, of course, that the judge in this case wasn't just stupid and/or corrupt (there's definitely a non-zero chance of that), GP is just advocating that we perhaps, you know, get all the facts before decrying him. Generally the wording of the judge's decision will show his intent, if he speaks a lot about being bound by the letter of the law then he's doing this to get the law discussed and perhaps reconsidered. If he mainly talks about the culpability of the defendents then he's likely dumb or getting a brown envelope bonus in this month's salary.

    6. Re:Mistake by Krneki · · Score: 1

      Don't the Italians have an appeals process?

      In the worst case, Google could go to the European Court of Justice since the European E-Commerce directive "says that "technical intermediaries" – web content hosts – are not liable for bad content but the creators or video posters are."

      See this Euractiv article for more.

      Of course they will win at the end. This case just makes you wonder if there is a system in place to remove incompetent judges.

      --
      Love many, trust a few, do harm to none.
    7. Re:Mistake by Saint+Fnordius · · Score: 3, Interesting

      This may be what happened here, the lower court judges expecting their decision to be overturned but still wanting to make a statement. They don't care that it clogs up the system and eats up lawyer time on both sides, it's all about showing everyone that they're boss. To them, Google is rich and can afford it, so they don't care.

      Of course, I don't wholly discount the idea of Berlusconi agents applying pressure and greasing palms to chill the atmosphere either. I merely think it's the less likely excuse, yet still very plausible.

    8. Re:Mistake by TheRaven64 · · Score: 1

      Actually, you don't have to be an expert in Italian law. The safe harbour provisions in the EUCD and EU eCommerce directives supersede Italian law in this case, and these explicitly indemnify Google as long as they deal with removal requests in a timely manner.

      --
      I am TheRaven on Soylent News
    9. Re:Mistake by bjourne · · Score: 2, Insightful

      But Google isn't merely a technical intermediary, they are also in a way publishing the material. They control the front page, which videos to push and most importantly, they are the ones making money on the ads. I don't think they should be entirely without liability for what happens on their site. The situation is very tricky.

    10. Re:Mistake by themightythor · · Score: 1

      "Enforcing stupid laws does not make him a bad judge," uh, yes it does.

      No, it doesn't. A skimming of this page tells me that Italian system works similarly to how it works in America; there's a legislative branch and a judicial branch (and executive, but that's outside the scope of this discussion). The former is responsible for creating the laws and the judicial is responsible for (in a manner of speaking) enforcing them. For a member of one branch to do the job of the other violates the compartmentalization of the branches. If we start having members of the judicial branch refusing to enforce the laws set forth by the legislative, then neither has any power. That's not to say that an individual judge can't disagree with a law: he can, but has the same recourse as any other citizen to get it changed. But in his professional capacity, he must interpret the law as it was written. To do otherwise would make him a bad judge.

    11. Re:Mistake by AlecC · · Score: 2, Insightful

      The first thing Google should do is block uploading of videos to Google Video (and YouTube, which they own) from Italian IP addresses with an annoying great splash screen explaining that, in compliance with Italian Law, they are no longer able to accept them. Still allow viewing of other people's videos, of course, so Italians still use Google Video. of course, it will involve some revenue loss as Italians move to other places to store their pictures. This should get a significant number of pissed-off Italian users asking their politicians WIHIH?

      And, if they can, hide any clips they already have up loaded from such addresses. Nothing like people having they prized videos suddenly become inaccessible to make them ask for explanations.

      --
      Consciousness is an illusion caused by an excess of self consciousness.
    12. Re:Mistake by Anonymous Coward · · Score: 0

      Actually, yes, it makes him a bad judge. He could have chosen not too by simply weighing the absurdity. He didn't. Their job is not to simply follow the laws to the letter, that's the lawyers job (and ignore the ones not helping their client). The judge then decides whether for this particular case it should be applied. Otherwise what would be the point of a judge?
      I'm sorry your patriotic feelings are clouding your judgment.

    13. Re:Mistake by NeutronCowboy · · Score: 1

      Don't confuse common law countries with civil code countries. The judge in Italy cannot set precedent. Also, there's a reason we have stupid and/or corrupt politicians: people keep voting for them. Ultimately, in a democracy, the state of the political system has its roots in the voting public.

      And peope wonder why democracy isn't always regarded as a panacea by everyone....

      --
      Those who can, do. Those who can't, sue.
    14. Re:Mistake by lordholm · · Score: 3, Insightful
      If the video was uploaded to a "normal" pay for web hosting ISP, they are also making money from you for serving the video. The point with this is that what you say does not really make any sense in terms of an argument.

      Yes, they control the front-page, but does it matter if the front page looks pretty to compared to for example an FTP site where you just would get the file listing?

      The e-commerse directive, articles 14 and 15 are very clear on the situation, some argue that they where written with ISPs in mind, but that doesn't really matter because it speaks only of hosting and, until there is a new directive written with cloud like services and not ISPs (though I fail to se the difference), the directive will be the one that is deciding what should be done.

      Google acted as soon as they where notified by the authorities about the video and removed it within 2 hours. This fulfils their obligation. And no, google does not read the video comments for all the 50 billion video clips that they host, so claiming that Google was notified because someone wrote a comment that they wanted it to be removed does not hold.

      --
      "Civis Europaeus sum!"
    15. Re:Mistake by ArsenneLupin · · Score: 1

      But Google isn't merely a technical intermediary, they are also in a way publishing the material.

      Indeed. And they are changing the material uploaded, by re-encoding it as a flash video. So, in a way, they are the author of the videos (produced that content), although obviously, it is still derived from the user's content.

      Hopefully, the European Court of Justice judges will see this in a similar way, so that we can finally get rid of flash on YouTube.

    16. Re:Mistake by Anonymous Coward · · Score: 0

      They are a technical intermediary. The fact that they are also a business in no way changes that fact. It is irrelevant. It is not "tricky."

    17. Re:Mistake by KDR_11k · · Score: 1

      No, the judge's job is to rule on the evidence and whether something is within the boundaries of the law or not. A judge is not allowed to judge whether a law would be sane if applied, only if it applies.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    18. Re:Mistake by Anonymous Coward · · Score: 0

      so that we can finally get rid of flash on YouTube.

      Nice take. I've been wanting Flash to die ever since they started releasing updates every three minutes and breaking backward compatibility with each one.

      Can't say I like the way that the judge ruled on this one, though. I'm Italian by descent, and I keep in touch with my full-blooded relatives. I really think that Italy as a nation needs to get up-to-date on technology and stop making imbecilic decisions like this.

      There were no privacy laws broken here. The fact that the poster posted something without the permission of someone who was in his video, was not what made his video bad. What made it bad was the fact that someone was being abused in it. Someone in an earlier post said that it was a good thing it got posted, because it allowed them to find the people who were doing the abusing. Also a good take.

      I think that the most important thing to realise is that if Google/Youtube were to start moderating certain types of video, they would be compelled to keep narrowing down the "acceptable" content until they no longer have any content. It's impossible to make any content that offends no one in the world. Anyone read Fahrenheit 451? Do so -- you will see what I mean.

    19. Re:Mistake by angel'o'sphere · · Score: 1

      Of course they will win at the end. This case just makes you wonder if there is a system in place to remove incompetent judges.
      First of all, you seem completely to forget that this happened not in the USA but in Europe. In other words, the judges are not free to judge according of common sense but they judge according to the law. If a judge is using his own judgement then he shows he is incompetent and likely his career is over. So: to show your competence you have to rule/jude according to the law. Then either the parties accept that ruling or they let it escalate to a higher court.
      If the higher court disagrees, that by far does not mean that the lower court was incompetent.

      So, in worst case, there might be only a european law overruling this completely. In fact I doubt it as google is obviously not taking any precautions to prevent abuse like this.

      angel'o'sphere

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    20. Re:Mistake by dkf · · Score: 1

      And they are changing the material uploaded, by re-encoding it as a flash video.

      You're taking a perverse position there. Format conversion makes a derivative work, but it's still the same content and it's the content that matters and not the fashion in which it is encoded. Equivalently, when a TV show is imported from the US to the EU, it needs to be format converted (there are many technical differences between the systems used on each side of the Atlantic) but it's still the same TV show. To claim otherwise is just... weird.

      Shit, if I take an email and change the charset used to encode it from UTF-8 to UCS-2, it's still the same message with the same content, even though it uses a different sequence of bytes to express it. Given that, to claim that what Google does on uploading of a video to YouTube is morally different is just not a tenable position.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    21. Re:Mistake by Anonymous Coward · · Score: 0

      No, GP is right. The reason we have stupid laws is because we have stupid and/or corrupt politicians.

      Phew, I am glad the general populace is not to blame here. After all, we don't vote for those idiots.

    22. Re:Mistake by JohnFluxx · · Score: 1

      Kinda depends on what you mean by bad.

      It's a similar argument as to whether soldiers should do what they are told only. If a soldier disobeys an order because that order goes against their conscience, is that a bad soldier?

    23. Re:Mistake by themightythor · · Score: 1

      If a soldier disobeys an order because that order goes against their conscience, is that a bad soldier?

      Yes. When your job description says X and you willfully don't do X, that makes you bad at your job regardless of what that job is. Now, for your specific example, I think that as a result, soldiers should be absolved of anything that they were under orders to do. This creates situations like (as an extreme example) Nazi concentration camp guards not being prosecuted because they were under orders, but that's what you get.

    24. Re:Mistake by JohnFluxx · · Score: 1

      What a scary person you are :-/

      We clearly disagree on what bad means.

  5. Serious Threat by LordAzuzu · · Score: 0, Offtopic

    Pl0x, give me a decent job outside italy, i'm wishing to leave this stupid and pathetic country everyday MOAR!

  6. So basically... by FyRE666 · · Score: 1

    So by extension this means that if someone pushes a kilo of cocaine through my letterbox and I report it to the police, I'm guilty of possession of a controlled substance?

    The judge is a fucking retard.

    1. Re:So basically... by natehoy · · Score: 3, Insightful

      Yes. It also means the postmaster general is liable for trafficking in illegal drugs, assuming the person who pushed the kilo of cocaine through your letterbox affixed postage to it first.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    2. Re:So basically... by mdwh2 · · Score: 1

      I think the analogy would be saying that the postal service are criminally liable, even if it's sealed in a package, which would be particularly mad.

      I'm not sure what would happen in your scenario - I must admit I'd be worried to report such a thing, out of fear of being done for possession (similar to a recent case in the UK, where an ex-soldier handed in a gun he'd found, and was arrested for possession...) This is the problem with possession laws, even of things we might agree should be illegal (e.g., child pr0n) - if anyone finds them, rather than reporting it to the police so the source can be tracked down, instead they might be more likely to destroy or get rid of it, out of fear of being charged themselves.

    3. Re:So basically... by Hatta · · Score: 1

      Actually you'll find that it does sometimes happen in the US that people who accidentally find drugs in the US get busted for possession. The law doesn't care why you possessed it.

      --
      Give me Classic Slashdot or give me death!
    4. Re:So basically... by u38cg · · Score: 1

      This can happen. English law has a concept called "strict liability", essentially an offence against which there can be no defence. Possession of proscribed firearms is a strict liability offence. Recently, a former soldier found a sawn-off shotgun in his garden, picked it up, took it to his local police station, was arrested and found guilty of possession. The legal profession as a whole hates such offences, as they know there will always be edge cases that require special consideration, but politicans love to enact them "for the children", or whatever the buzz du jour is.

      --
      [FUCK BETA]
    5. Re:So basically... by theophilosophilus · · Score: 1

      That's the case I just settled. My client's didn't trust banks (go figure) and kept their cash in a safe. They got most of their cash from a legal action but they couldn't account for all of it because their job was tip based and they couldn't prove their expenses. Long story short, they went to make a large purchase, people got suspicious, and 90% of American currency has cocaine residue (either from being used to snort or simply going through money counters at a bank). Under a few states' laws and the former federal law, known as civil forfeiture, you are guilty until proven innocent. See e.g. USA v. $124,700. Only property connected with drugs is forfeited, but the raw deal is that innocent people must prove their innocence and guilty people must prove the proportion of their guilt to get the property back. Double Jeopardy does not apply and so the guilty person that proved his guilt to get his property back has proved the states' later criminal case.

      My clients settled for less than their entire amount (like everyone does) because of the uncertainties of trial - they couldn't prove how much money they spent from their legal award and they couldn't completely prove how much they made in their jobs. Further, my clients were minorities and the case was venued in a minority unfriendly county.

      --
      Why have 1 person driving a backhoe when you could employ 20 with shovels?
    6. Re:So basically... by Anonymous Coward · · Score: 0

      Horrible analogy. In the postmaster general's case, they are merely moving goods from one entity to one other. In Google's case, they are copying movies from one entity to the public. There is a difference between shipping singular goods and publishing works.

    7. Re:So basically... by Dumnezeu · · Score: 1

      Technically, you are guilty. In many countries and states it is illegal to be in possession of a controlled substance or certain weapons regardless of the way you got it. As long as it is in your possession or on your property, you're guilty.

      --
      Yes, it's sarcasm. Deal with it!
  7. Bread and circuses by pv2b · · Score: 3, Interesting

    This is ridiculous.

    If Youtube is illegal in Italy, maybe Google should just start blocking people from Italy from accessing the site. Maybe then people will care, when the people's bread and circuses are threatened.

    1. Re:Bread and circuses by palpatine · · Score: 1

      Or, at the very least, disable all uploading ability on YouTube or posting ability on Blogger or any other user-contributed Google sites from Italian users, citing this case and the unwillingness of Google to accept any more user submissions from Italian users until the case is resolved. I think that would be totally fair and completely within Google's rights.

    2. Re:Bread and circuses by Second_Derivative · · Score: 1

      Isn't that the whole point of this judgement?

      Some owner of an Italian-language search engine must have done an awful lot of whining to his friends in the judiciary recently.

    3. Re:Bread and circuses by Daengbo · · Score: 1

      There is a precedent for this. Google disable comments and uploads form S. Korea when Korea introduced a law requiring all accounts to be ties to the national ID number, something Google wasn't set up to do or particularly interested in doing. Google could just turn off the same functions in Italy.

    4. Re:Bread and circuses by pv2b · · Score: 1

      Why would somebody running a search engine in Italy lobby to get a precedent which basically make it impossible to run a search engine without operating in a legal minefield?

      Well - maybe that hypothetical somebody is fucking stupid (which isn't that unlikely). Or... maybe some people are more equal than others in the Italian judicial system (also not very unlikely).

    5. Re:Bread and circuses by Anonymous Coward · · Score: 0

      Why would somebody running a search engine in Italy lobby to get a precedent which basically make it impossible to run a search engine without operating in a legal minefield?

      If he thinks the law will only be used against "evil foreign companies" like Google.

    6. Re:Bread and circuses by delinear · · Score: 1

      Except it's not the search engine that's being attacked, or whose competition would benefit, but the video service. Now, I'm not one to spread conspiracy theories, but doesn't someone quite far up in their government have some media connections...?

    7. Re:Bread and circuses by bickerdyke · · Score: 1

      This was about youtube, not Berlusconis TV stations.

      --
      bickerdyke
    8. Re:Bread and circuses by Colz+Grigor · · Score: 4, Insightful

      Or, at the very least, disable all uploading ability on YouTube or posting ability on Blogger or any other user-contributed Google sites from Italian users, citing this case and the unwillingness of Google to accept any more user submissions from Italian users until the case is resolved. I think that would be totally fair and completely within Google's rights.

      Google could do that, but That's precisely what Berlusconi wants in the first place: complete control over all media in Italy. It would send more of a message to stop accepting advertisements by Italians, so Google can claim no Italian revenue and pay no Italian taxes.

    9. Re:Bread and circuses by Anonymous Coward · · Score: 0

      That would fall under "fucking stupid".

    10. Re:Bread and circuses by ceoyoyo · · Score: 1

      Yes, that's an excellent solution. Google is playing the role of publisher and as such it is not unreasonable to hold them to the same standards. It is also reasonable to regard them as something new - a distributor that has no responsibility for the content they are distributing. If Italy wants to take the former approach then Google just has to only allow Italian access to content they have vetted.

      It's not a "serious threat to the web." It's a threat to Google's advertising profit margin in Italy.

    11. Re:Bread and circuses by Anonymous+Cowpat · · Score: 1

      then perhaps they should leave gootube on and just shut off search, gmail, maps, earth, blogger, picasa uploads, documents etc.
      Extra points for shredding the personal accounts of anyone involved in prosecuting the case.

      --
      FGD 135
  8. Confused as hell about this line by wintercolby · · Score: 1

    Nevertheless, a judge in Milan today convicted 3 of the 4 defendants — David Drummond, Peter Fleischer and George Reyes — for failure to comply with the Italian privacy code. All 4 were found not guilty of criminal defamation.

    Source: http://googleblog.blogspot.com/2010/02/serious-threat-to-web-in-italy.html
    I thought that they were convicted, and that was the problem. Am I missing what the actual conviction was, or is it a typo/freudian wishfull thinking?

    --
    Most ignorance is vincible ignorance. We don't know because we don't want to know. --Aldous Huxley
    1. Re:Confused as hell about this line by Anonymusing · · Score: 1

      Well, to quote your quote:

      ...a judge in Milan today convicted 3 of the 4 defendants — David Drummond, Peter Fleischer and George Reyes — for failure to comply with the Italian privacy code.

      Thankfully they were not found guilty of criminal defamation. Just failure to comply with Italian privacy code.

      --
      Liberal? Conservative? Compare perspectives at Left-Right
    2. Re:Confused as hell about this line by chalkyj · · Score: 1

      Guilty of failure to comply with the Italian privacy code != guilty of criminal defamation.

    3. Re:Confused as hell about this line by amaiman · · Score: 1

      It means just what it said...they were convicted of the privacy code violation and acquitted on the criminal defamation charge (they were two separate charges, the privacy and the defamation).

    4. Re:Confused as hell about this line by mjschultz · · Score: 1

      All four were convicted of two crimes: failure to comply with the Italian privacy code and criminal defamation. Three of the four were convicted on the first one, failure to comply with the Italian privacy code. None were found guilty on the second, criminal defamation.

    5. Re:Confused as hell about this line by Lundse · · Score: 1

      But - and this is frightening too - the prosecutors wanted to convict google employee of criminal defamation. Of being complicit in defaming the boy. By working for a company, on whose websites kids they did not know posted a video they knew nothing about and never saw, which defamed a person they had never heard of!

      --
      IAIFARSIJDPOOTV - I Am In Fact A Reality Star; I Just Don't Play One On TV
    6. Re:Confused as hell about this line by Hognoxious · · Score: 1

      WTF? Should I draw a Venn diagram?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    7. Re:Confused as hell about this line by wintercolby · · Score: 2, Interesting

      I'm sorry, I did figure this out. No one was convicted of criminal defamation, which would suggest that they were charged with it. 3 out of 4 were convicted of failure to comply with privacy code. This could be viewed several ways, the judge was rational and wanted someone with deep pockets to get the privacy code repealed/reviewed/replaced (understand enough about the US judicial system, but no clue how this might work in Italy.)

      The fact that all 4 were found not guilty of a more severe sounding offense seems to be good news. The fact that one person was found not guilty of anything also seems to suggest that there is little insanity taking place here.

      --
      Most ignorance is vincible ignorance. We don't know because we don't want to know. --Aldous Huxley
    8. Re:Confused as hell about this line by Saint+Fnordius · · Score: 2, Informative

      It looks like the GP typo'ed/brainfarted. The statement should read:

      All four were accused of two crimes: failure to comply with the Italian privacy code and criminal defamation. Three of the four were convicted on the first one (failure to comply with the Italian privacy code). None were found guilty on the second (criminal defamation).

    9. Re:Confused as hell about this line by mjschultz · · Score: 1

      Ah yes, posting pre-coffee always leads to trouble. Sorry about that.

  9. American values in conflict here by Anonymous Coward · · Score: 2, Insightful

    We are beginning to see a confrontation between American long held beliefs in free speech and what other nations consider to be free speech.

    We are seeing this happen with internet censorship in Australia, Europe, and Asia.

    It is quite possible that in the near future the internet will look very different on a per country basis.

    1. Re:American values in conflict here by garg0yle · · Score: 1

      In this case, it was more of a conflict between free speech and the privacy of others, since they were conflicted of violating the Italian privacy code (which is pretty stringent). For the record, your right to free speech stops somewhere before you post my personal information on the 'net.

      --
      Modding "-1, Troll" is not a proper response if you disagree with me. Try reason.
    2. Re:American values in conflict here by mdwh2 · · Score: 1

      I don't see any conflict in this case. You can have privacy laws, without criminalising people who are clearly not responsible. The problem here is not that invading someone's privacy is illegal, it's that Google were held criminally liable. The same problem would apply if it was anything else being posted - it doesn't have to be privacy laws.

    3. Re:American values in conflict here by Anonymous Coward · · Score: 0

      It is not about catching up.

      It is about a fundamental difference in the way each government sees free speech.

    4. Re:American values in conflict here by bickerdyke · · Score: 0, Flamebait

      Defintion of "real free speech" please...

      But sometimes over here it's hard to understand that notion of absolute free speech they have over there. And most people here think that "free speech" that covers 'white supremacy'-stuff, isn't exactly something you want to catch up to.

      --
      bickerdyke
  10. Easy solution by Ant+P. · · Score: 5, Funny

    Automatically notify the Italian government of every single public video uploaded to Youtube, and offer them a 5 minute delay before it becomes viewable inside Italy in which time they can reject it.

    They'll be begging for it to stop after half an hour.

    1. Re:Easy solution by tiedyejeremy · · Score: 1

      While I like this idea, looking for a solution that is, in and of itself, a bigger problem seems to belittle the parties involved on both sides. Overwhelming the Italian Government does not make them see their error, only makes them an "enemy."

      --
      Anything you say will be held against you. ... "tits"
    2. Re:Easy solution by elrous0 · · Score: 1

      I think the Italian government made it quiet clear that they were the enemy when they started slapping handcuffs on Google execs.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    3. Re:Easy solution by delinear · · Score: 1

      More likely they'll just get someone to write an auto-decline script for everything that's not a pre-approved government release. You're not thinking government enough.

    4. Re:Easy solution by confused+one · · Score: 1

      While you've been modded Funny, the "begging for it to stop" might take the form of a legal cease and desist order attempting to block YouTube from uploading any videos until an acceptable solution is found. While Google is not an Italian company, this would create additional difficulties for them in not just Italy but also in the broader European Union.

    5. Re:Easy solution by Ant+P. · · Score: 1

      In all seriousness though, I think the only possible outcome is that YT will have to go along with this and manually screen every video that anyone inside Italy attempts to view.

      Then they can put a nice big message on the access-denied pages millions of Italians will see, telling them precisely why they have to wait for manual approval for every single video they want to watch, and exactly who is responsible for forcing this change on them.

    6. Re:Easy solution by confused+one · · Score: 1

      Now that might just work.

    7. Re:Easy solution by Anonymous Coward · · Score: 0

      Why not just have an "I accept full responsibility for all media I publish via YouTube, and agree that I have the permission of the holders of all personal and copyrighted information contained in this video to present this media in a public forum, pursuant to the local laws of my location of activity and residence" disclaimer when uploading? I think they already have something similar that could be tweaked, don't they? Then Google can say "we had full assurance from the submitter that this was all on the up-and-up -- go after them for misrepresentation."

  11. Re:firsta posta mamma mai! by ircmaxell · · Score: 4, Insightful

    This is honestly the first time in my life that I am ashamed of my heritage. This is absolutely ridiculous and reeks of corruption and incompetence. I seriously hope that --for all of our sakes-- this gets overturned in the appeal. But seriously, when did "having evidence of a crime" make you guilty of a crime (So long as you didn't try to tamper or hide it)? Did I miss the memo?

    --
    If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
  12. Privacy and Google don't go together by omega6 · · Score: 2, Insightful

    From the article it says that Google was convicted of violating privacy law for not getting permission to post the video. The nature of the video is irrelevant. I don't know Italian privacy law, but if they do have requirements that you must get permission to post video recordings of people on the internet, then this is Google's problem for not bothering to care about the local laws.

    1. Re:Privacy and Google don't go together by Lundse · · Score: 1

      True. It may be the Italian law, and not the judge in this case, that is utterly retarded (as pointed out by Dhalka226 above).

      --
      IAIFARSIJDPOOTV - I Am In Fact A Reality Star; I Just Don't Play One On TV
    2. Re:Privacy and Google don't go together by Adrian+Lopez · · Score: 4, Insightful

      I don't know Italian privacy law, but if they do have requirements that you must get permission to post video recordings of people on the internet, then this is Google's problem for not bothering to care about the local laws.

      Google aren't the ones who posted the video -- they are just the conduit. If Italian authorities wish to take action against those who post videos without permission then let them pursue those who actually choose to post them instead of those who provide the platform.

      --
      "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
    3. Re:Privacy and Google don't go together by someone1234 · · Score: 1

      The real solution would be to deny Italian submissions completely and/or block Italian viewers. It is too much of a burden to identify and ask for permission, or even detect videos not containing any people.

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    4. Re:Privacy and Google don't go together by mdwh2 · · Score: 1

      So, it should also follow the local laws in places like Iran and China then, in terms of content that can be posted?

      The people convicted don't even live in Italy.

    5. Re:Privacy and Google don't go together by kbg · · Score: 1

      Well if Google can comply easily with Chinese law by censoring websites that are illegal, then surely they can also comply with Italian law and censor illegal YouTube videos in Italy.

      I mean Google has already agreed to censorship in general, so they have dug themselves a deep hole by making themselves responsible for all content.

    6. Re:Privacy and Google don't go together by addsalt · · Score: 1

      this is Google's problem for not bothering to care about the local laws.

      To take it to the next step, wouldn't it depend on where the Google server was located that held the video? If it is in another country that doesn't have the same laws, why wouldn't we charge the ISP that was transporting illegal material into the country? If it is a local law, then putting video of this person is legal until you bring it into the country. It isn't like Google is forcing content into the country.

    7. Re:Privacy and Google don't go together by Anonymous Coward · · Score: 0

      Right, and if I then attach hate speech letters to your house then YOU should be arrested. Don't be ridiculous.

    8. Re:Privacy and Google don't go together by Anonymous Coward · · Score: 0

      I think it would be better to block Italian viewers. Uploaders are relatively scarce, but we are pretty much all viewers these days. If you give Italians a message saying "service unavailable due to this law" instead of YouTube and Google Video, you stand a much better chance at changing the system via public outrage while still covering your own ass.

    9. Re:Privacy and Google don't go together by KDR_11k · · Score: 1

      Shouldn't the terms of service require the uploader to assure that he has secured all necessary rights and can grant them to Google/YouTube?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    10. Re:Privacy and Google don't go together by corbettw · · Score: 1

      Google aren't the ones who posted the video

      Bullshit. They own the site that hosted the video, they own the servers that sites runs, they own (or lease) the bandwidth that delivered the video out to the wider Internet. Whether they posted it or not they have some responsibility for the content of the video, according to Italian law.

      Google's mistake here was to ignore local laws and customs, thinking "We work on the Internet, that makes everything different." Just like adding the words "...with a computer" shouldn't make a standard business process patentable, simply operating on the Internet doesn't make you above the law.

      The question of whether the law in question is reasonable or not is an entirely different matter. But Google (and their execs) screwed up by ignoring that law in the first place.

      --
      God invented whiskey so the Irish would not rule the world.
    11. Re:Privacy and Google don't go together by Adrian+Lopez · · Score: 1

      Bullshit.

      Such strong language might have an impact if it weren't so empty.

      Google is no more the one who posted the video than Slashdot is the one that posted your message. Perhaps you feel Slashdot should be held liable for any actionable content in the things you say hear, but that would be grossly unfair to Slashdot regardless of the laws currently in effect. To hold Google responsible for what its users post -- like holding Slashdot responsible for what you post -- would cripple Google as a platform for public expression and turn it into just another editorial medium like TV, newspapers and magazines.

      Whether Google broke any laws is ultimately irrelevant. The important thing is that the law (or its interpretation) is likely to do far more harm than good.

      --
      "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
    12. Re:Privacy and Google don't go together by corbettw · · Score: 1

      Perhaps you feel Slashdot should be held liable

      It doesn't matter what I feel or think, it matters what Italian law is. And apparently, under Italian law, the publisher of content is responsible for it. Now, you may think that's a boneheaded law, and I would agree with you. But it doesn't change Google's (or Slashdot's) responsibility to follow that law, and to accept the consequences if they do not.

      This story is an excellent example of why Americans companies should not set up offices in other countries: their laws are not our laws, and you could be exposing your employees to bizarre trials for doing things that are perfectly legal here.

      --
      God invented whiskey so the Irish would not rule the world.
    13. Re:Privacy and Google don't go together by Adrian+Lopez · · Score: 1

      Google may well have broken the law, but the point remains the same: they did not post the content in question (the user posted it; Google merely hosted it) and therefore should not, unless they knew about the content beforehand, be held liable for it. They had no knowledge of the video's existence until after they were notified of it, at which point they promptly removed it. Laws often codify right and wrong, but they do not determine what is right and what is wrong. Google's actions in this case are wholly innocent, and any law punishing them for having once hosted the video is objectively unfair. Any claim to the contrary is, to borrow a word from you, just bullshit.

      --
      "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
    14. Re:Privacy and Google don't go together by Anonymous Coward · · Score: 0

      Italy has something about posting pictures of children without specified permission.

      This is likely the route the judge was forced into by the law.

    15. Re:Privacy and Google don't go together by corbettw · · Score: 1

      You won't get any arguments from me that the law is being unfair in this case. You seem to be conceding my main point, which was that Google violated the law and did so because they never bothered to find out what the law was in the first place.

      Google made the video available and "broadcasted" it; that's what they were convicted of. Whether they were the original people to record it or upload it to their servers is irrelevant.

      --
      God invented whiskey so the Irish would not rule the world.
    16. Re:Privacy and Google don't go together by Mab_Mass · · Score: 1

      It doesn't matter what I feel or think, it matters what Italian law is. And apparently, under Italian law, the publisher of content is responsible for it. Now, you may think that's a boneheaded law, and I would agree with you.

      It may be illegal, but it is, as you admit, a stupid law. In the ideal world, this case will lead to somebody changing the law to something more reasonable.

      We are entering a time where, quite frankly, the world is changing very quickly and this is yet another example. If we take a charitable view of the intent of the Italian law, we can see that the purpose is protect the privacy of the average Joe (or Giacometti in this case). That is all great, and I applaud the intent.

      The trouble seems to be that the literal writing of the law is too vague and too strong and doesn't fit well with what is possible, reasonable, or even desirable with new technology. As I said, hopefully this case leads to a change in the law.

      We're in an interesting time, where suddenly we can share and publish more information with more people than ever before, but we still don't have a good idea of much we should share. In this sense, it matters very much more what you think and feel and very little what the law says.

      The laws are there to help create the society we want. Period. Any law that is enforced just because it is a law is a stupid law that should be thrown out.

    17. Re:Privacy and Google don't go together by Anonymous Coward · · Score: 0

      Google's servers are copying the videos from one user to the public - which, using current (admittedly US) laws as a gauge, would make them a publishing house. And in the US at least, publishers are liable for any copyright violations they conduct. Now, there may be special exemptions codified in law that I'm not aware of (and don't even try common carrier - that's not even in the ball park here), so I'd appreciate any enlightenment.

    18. Re:Privacy and Google don't go together by Acaeris · · Score: 1

      Do you have a website? Has your hosting company checked your site to make sure nothing you have posted breaks any law anywhere? Are they responsible if you have? Under EU law (EU eCommerce Directive), they would not be held liable for content created and uploaded by a user.

  13. Wow. by Pojut · · Score: 2, Funny

    Just wow.

    This is so far over the top...based on the couple of different sources I have seen this story so far, Google immediately complied when asked to take the video down, assisted the authorities in finding the culprits, and fully cooperated....and the EXECUTIVES, who amount to pencil pushers with decision making powers, get convicted? Seriously, what the hell...that makes no sense.

    They must have used the Chewbacca defense against them or something...

    1. Re:Wow. by Eivind · · Score: 5, Informative

      I dunno. The "immediately" part only applies if you start counting from the first letter-from-lawyer. If you count from when Google Italy actually received the first written complaint about the video, then it took more than 2 MONTHS before anything happened. (and there's no indication anything would've happened at all, if not for the lawyer-attention)

    2. Re:Wow. by Anonymous Coward · · Score: 0

      This is so far over the top...based on the couple of different sources I have seen this story so far, Google immediately complied when asked to take the video down, assisted the authorities in finding the culprits, and fully cooperated....and the EXECUTIVES, who amount to pencil pushers with decision making powers, get convicted? Seriously, what the hell...that makes no sense.

      Yes, it's ridiculous in general.

      The part about executives is that in Italy, executives are held responsible for criminal actions of the corporation.

    3. Re:Wow. by Anonymous Coward · · Score: 0

      The part about executives is that in Italy, executives are held responsible for criminal actions of the corporation.

      Which is why Italy is known as a bastion of justice the world over. Oh wait, no it's not--it's pretty far from it.

    4. Re:Wow. by Blakey+Rat · · Score: 1

      I honestly don't know the answer to this question, but bear with me... it might sound trollish.

      Isn't Italy part of the EU, and doesn't the EU have any kind of free speech legislation that would allow something like this to be posted? Or are those directives non-binding?

    5. Re:Wow. by Eivind · · Score: 1

      It sounds very trollish. Free speech doesn't triumph all other considerations in ANY jurisdiction. It's quite common to have restrictions on "speech" that is produced from a criminal activity. (and bullying a child with Downs (or any other for that matter) *IS* illegal)

  14. Giving Privacy Laws A Bad Name by mdwh2 · · Score: 5, Insightful

    The UK's former Information Commissioner Richard Thomas said the case gave privacy laws a "bad name".

    To which I entirely agree. Privacy laws have been used here in the UK (e.g., when the News Of The World posted a video showing Max Mosley in private acts), but the point is that firstly these are civil cases not criminal ones, and secondly, it requires intent, and does not make someone liable for merely "allowing" it, or running a server where users post content.

    Even for something that clearly is and should be illegal, this ruling would be worrying - it's making server owners personally and criminally liable, rather than seeing them as common carriers.

    But as mad as this is, in some sense this should be no different to say, if China decided to convict a Google exec for linking to pro-democracy pages, for example. Stupid, yes, but Google can and should ignore it. Those convicted do not live in Italy, so I don't see how they would have to comply if they don't visit (of course if they get extradited, then that will be mad). Google doesn't even have to pull out of Italy - they can surely just carry on, and it's up to Italy to try to block them.

    The worrying thing though is that this is not some far off country, but a member of the EU.

  15. This is Italy by bradley13 · · Score: 5, Insightful

    "reeks of corruption and incompetence" This is, after all, Italy: the country that elected and then re-elected Berlusconi.

    --
    Enjoy life! This is not a dress rehearsal.
    1. Re:This is Italy by baka_toroi · · Score: 1

      Not to mention it's where the word "Mafia" originates from.

    2. Re:This is Italy by Anonymous Coward · · Score: 1, Insightful

      Though another one did the same w/ G. W., so I think we're tie.

    3. Re:This is Italy by Anonymous Coward · · Score: 0

      why, was there anyone else to elect?

      no kidding, people tried to change it. last "leftist" government lasted a couple of months.
      it's nice you think we have a coiche :)

    4. Re:This is Italy by daem0n1x · · Score: 1

      Yes, originated in Italy and ended in New Jersey.

    5. Re:This is Italy by Dishevel · · Score: 4, Funny

      At times like this I love my sig.

      --
      Why is it so hard to only have politicians for a few years, then have them go away?
    6. Re:This is Italy by LogicalError · · Score: 1

      No, believe it or not, but the word mafia originates from arabic. Used to describe those pesky people who fought back when they invaded Sicily. At least, that's what I've been told ;)

  16. Google CAN censor images by Anonymous Coward · · Score: 0

    like how they did in the case of Abu Ghraib photos - http://yro.slashdot.org/article.pl?sid=04/11/07/1442217

  17. Riiight by Taibhsear · · Score: 5, Insightful

    Prosecutors argued that Google should have sought the consent of all parties involved with the video before allowing it to go online.

    And should I get permission from the cop that I catch tasering someone for no reason before I post that video as well? That statement is ripe for abuse.

    1. Re:Riiight by Lundse · · Score: 1

      Modded 'insightful' with non-existing mod points!

      --
      IAIFARSIJDPOOTV - I Am In Fact A Reality Star; I Just Don't Play One On TV
    2. Re:Riiight by Modern+Demagogue · · Score: 1

      Sigh. You are allowed to post the video to your own site because you are not making a profit off it and there is a public interest in the dissemination of the piece as a news item, and you are the photographer. You have certain rights to the footage; but you can't necessarily assign them to a 3rd party attempting to profit of the "work".

      Google is not allowed to distribute the video because they do not own the rights to the cops likeness, you can not transfer or issue those moral rights to them, and they are using it to generate profit by selling ad space in and around the video. Additionally, it seems in this situation there are privacy issues such as where the video was taken and whether the subject gave consent to be videotaped, or could have a reasonable belief their behavior would be private and protected.

      Feel free to post the video on your own site to send to people for non-profit public awareness purposes. A for profit entity should not necessarily be allowed to do this, and if they are doing so in the same way a network might air a video during a news show for informative purposes, they should be subject to the same standards of care and FCC oversight that the Nightly News etc is; ie present both sides, give equal time, and have documentation to back up everything being shown or said.

    3. Re:Riiight by Anonymous Coward · · Score: 0

      Ask any cop, or cop supporter, they'll say yes, and you should also make sure to include several minutes of footage demonstrating that the criminal was in fact,a terrorist, even if you have to dramatize it.

    4. Re:Riiight by VShael · · Score: 1

      In Italy, yes, the government would LOVE it if you had to get police permission to upload evidence of police brutality.

      I'm just sayin'...

    5. Re:Riiight by mpe · · Score: 1

      In Italy, yes, the government would LOVE it if you had to get police permission to upload evidence of police brutality.

      Try and find a government who wouldn't love that...

  18. Misleading news by ifchairscouldtalk · · Score: 5, Informative

    The video was NOT removed as soon as it was brought to Google's attention.
    According to the prosecutors the video remained online for two months even though web users had already asked for it to be taken down.

    It is also worth mentioning that Google execs will not serve jail time because in Italy sentences of less than three years are commuted for people without criminal records.

    1. Re:Misleading news by Anonymous Coward · · Score: 0

      "It is also worth mentioning that Google execs will not serve jail time because in Italy sentences of less than three years are commuted for people without criminal records."

      What? So, in Italy the first 3year sentence crime is free?

    2. Re:Misleading news by Anonymous Coward · · Score: 1, Insightful

      even though web users had already asked for it to be taken down

      Is there any indication that this asking involved something other than posting a comment to the video page? I wouldn't expect the site admins to read all the comments. Was the "report this" button used? If so, then there does appear to be something broken with takedown process. Copyright takedowns seems to be executed very quickly.

    3. Re:Misleading news by mu22le · · Score: 1

      "It is also worth mentioning that Google execs will not serve jail time because in Italy sentences of less than three years are commuted for people without criminal records."

      What? So, in Italy the first 3year sentence crime is free?

      If we don't catch you again... then yes, if you get caught again you will also serve the jailtime that was condoned the first time (you still have to pay a fine and/or do some social work anyway).

      Ah and ianal.

    4. Re:Misleading news by yuhong · · Score: 1

      BTW, that law was specifically designed to allow Berlusconi to get away with real crimes. It was by coincidence that it allowed getting around stupid laws.

  19. Re:firsta posta mamma mai! by wurble · · Score: 3, Interesting

    Did you see the Amanda Knox trial? This is the same legal system that convicted 2 obviously innocent people of murder with no evidence and sentenced them to prison for over 20 years even though they had already CONVICTED SOMEONE ELSE FOR THE SAME CRIME!

    My wife and I had planned on visiting Italy in the next few years. After watching the trial, we changed our minds. Italy's legal system has ... "flaws."

  20. Youtube is junk by Anonymous Coward · · Score: 0

    I consider that Youtube content is 50% junk anyway...
    Known clips such as music videoclips have same version uploaded by 30 users http://www.youtube.com/results?search_query=metallica+one&search_type=&aq=f
    or useless junk like nerds showing their rooms.

    1. Re:Youtube is junk by netsavior · · Score: 1

      haha 50%, you are so generous. 99% of everything in print, on the internet, on tv, comming out of people's mouths, etc... is total crap.

  21. Interesting Reply by halcyon1234 · · Score: 1

    [[ Interesting commentary waiting on permission from CmdrTaco, FTWinston, and the Italian Government ]]

  22. Use Rome's Strategy to fight Rome by mistapotta · · Score: 1
    http://en.wikipedia.org/wiki/Interdict

    Seriously. What's the percentage of Italy's advertisement revenue from Youtube? Significant enough to question whether to maintain business in a country obviouly hostile to your service and willing to convict your employees that are helpful to the government in prosecuting the crime recorded on video?

    If Google was seriously considering leaving the Chinese market (or using the threat to re-evaluate Chinese practices regarding them) then TPTB should consider an Interdict against Italy.

    Youtube has already shown an ability to restrict content based on political boundaries, so this shouldn't be so much of a problem to implement. Maybe even put a nag screen (as they do to users of IE6) letting the Italian users know that this practice by their elected officials will not be tolerated.

  23. Youtube needs moderation by kriston · · Score: 0, Troll

    If Youtube wants to be legitamate, Google needs to institute a moderation system.
    All of this legal trouble with having illegal activities and copyrighted material being posted to Youtube would be much less of a problem if Google simply decided to take responsibility for Youtube and implement a moderation system.

    --

    Kriston

    1. Re:Youtube needs moderation by Leafheart · · Score: 1

      If you want YouTube to be taken offline, just say so. It is less disruptive.

      --
      --- "When you gotta do something wrong. You gotta do it right. (Fighter)"
    2. Re:Youtube needs moderation by Anonymous Coward · · Score: 0

      They already have one, the flags system. The problem with the flags system is that if a video gets enough flags, for any reason, it gets pulled in an automated process. Thus it's been easy to abuse by people who disagree with what a video says (i.e. making an argument that X sucks in a video can be removed if the supporters of X flagbomb the video.)

  24. Retaliation? by calspach · · Score: 1

    Makes me wonder if one of the four expelled students has a Daddy that's a prosecutor or in some other position of power. I just can't fathom another reason for prosecuting them...Just reeks of retaliation.

  25. In Italy by SpaghettiPattern · · Score: 5, Interesting

    In Italy defamation is a beloved way to make people shut up. In two occasions I was threatened to be sued over defamation.

    For the record, both times a car driver behaved like an arse and I told them they were 1) "un coglione" which is best translated as knobhead/dickhead/idiot and 2) "stronza" (bitch.) Both times the defamation threat came instantaneously. Knowing it would cost me US$ 100 tops, I actually enjoyed the frigging beggars -their motives were mostly financial IMHO- winding themselves up.

    I suppose I actually deserved a bit of verbal thrashing and intimidation in those cases. But imagine much worthier goals being seriously hampered by this. You very quickly defame someone in Italy on the base that they actually deserve it.

    We Italians sort of cherish elaborated, concocted, ridiculous laws. It makes us feel "save" in a way that if push comes to shove we will find some way to delay or attack the adversary.

    Yes, I'm Italian and quite ambivalent about it. Don't think, however, that I would trade in my nationality that lightly. It's certainly not the best nationality to have but I haven't came across a better one so far. I trust most feel the same about their own nationality.

    --

    I hadn't the slightest objection to his spending his time planning massacres for the bourgeoisie... (P.G. Wodehouse)
    1. Re:In Italy by Anonymous Coward · · Score: 0

      by SpaghettiPattern (609814) writes: on Wednesday February 24, @09:16AM (#31258840) /quote?

      Love the handle.

      Ciao!

    2. Re:In Italy by Engeekneer · · Score: 1

      It makes us feel "save" in a way that if push comes to shove we will find some way to delay or attack the adversary.

      Or we could just load and try again.

    3. Re:In Italy by jonaskoelker · · Score: 1

      It's certainly not the best nationality to have but I haven't came across a better one so far.

      Wait, if you haven't come across a nationality that's better than yours, how do you know such one exists?

      </pedantic>

    4. Re:In Italy by Areyoukiddingme · · Score: 1

      Every nationality is good if you have enough money.

      Some nationalities are better than others if you have no money.

      You have enough money to have a computer and electricity and Internet access in one of the least accessible western European countries, so you probably have enough money for many nationalities to be "good" for you.

    5. Re:In Italy by Anonymous Coward · · Score: 0

      Wow, your post is nothing more than a big whine fest:

      ... both times a car driver behaved like an arse and I told them they were 1) "un coglione" which is best translated as knobhead/dickhead/idiot and 2) "stronza" (bitch.) Both times the defamation threat came instantaneously...

      Did you really expect them to simply accept being called derogatory names? Just so you can feel righteous indignation?

      You did assault those people's character, and you did it in a country where the law dictates that it is not acceptable to do so. You are lucky they didn't pursue it.

      I suppose I actually deserved a bit of verbal thrashing and intimidation in those cases.

      Without knowing the exact situation in each case, their reactions do seem a bit over the top, but by your own admission, you behaved badly. What else are they supposed to do?

      But imagine much worthier goals being seriously hampered by this. You very quickly defame someone in Italy on the base that they actually deserve it.

      What worthier goals do you want us to imagine? How are these imaginary goals worthier? Compared to what? Am I to understand that it is not possible to convey the importance of these goals without resorting to defamation, or simple name-calling?

      If it can be proven that someone actually deserves the descriptive brand that is put forth, then it cannot be defamation. Otherwise, it is defamation.

      It is simple, and it doesn't matter whether you are Italian, British, American, Polish, or from planet X.

      We Italians sort of cherish elaborated, concocted, ridiculous laws. It makes us feel "save" in a way that if push comes to shove we will find some way to delay or attack the adversary.

      Your country does not have an exclusive peculiarity there. This is simply human nature, and I suspect you can find examples of this in every single society ever created. The challenge to take is to do your part to remove the laws you find elaborated, concocted, and ridiculous.

      (This is actually a pet peeve of mine. It seems few are interested in examining existing laws, and determining if they are unjust, or obsolete, and taking the initiative to repeal, or update them.)

      Yes, I'm Italian and quite ambivalent about it. Don't think, however, that I would trade in my nationality that lightly. It's certainly not the best nationality to have but I haven't came across a better one so far. I trust most feel the same about their own nationality.

      As near as I can tell, you are contradicting yourself. On one hand, you say being Italian is not the best, but then turn around and say that there aren't any better (defacto: the best). Really, which is it?

      This says that you are not happy with your situation, but are not inconvenienced enough by it to bother doing something about it.

      Maybe you would be happier if you take a long hard look at your ideals, and political views, and see if there is any place on this earth that is a better match.

      If not, you might want to try working at changing the things you don't like.

      So, the appropriate responses to your post are:

      Politically:
      "Shit, or get off the pot."

      Socially:
      "Try to be a little nicer to those around you."

      Captcha: piously (couldn't be more appropriate...)

    6. Re:In Italy by SpaghettiPattern · · Score: 1

      Yes, I'm Italian and quite ambivalent about it. Don't think, however, that I would trade in my nationality that lightly. It's certainly not the best nationality to have but I haven't came across a better one so far. I trust most feel the same about their own nationality.

      As near as I can tell, you are contradicting yourself. On one hand, you say being Italian is not the best, but then turn around and say that there aren't any better (defacto: the best). Really, which is it?

      It clearly never crossed your mind that a set of "equally best" leaves a possibility that not a single one is "the best" and still there isn't a "better one" than anyone in the "equally best" set. Think before being a smart arse.

      This says that you are not happy with your situation, ....

      Buddy, if a shrink was what I needed, I wouldn't waste my time here. Go practice your management skills onto someone else.

      On a brighter note, somewhere a wonderful team manager career in Scandinavia or in the Netherlands is lurking for you.

      --

      I hadn't the slightest objection to his spending his time planning massacres for the bourgeoisie... (P.G. Wodehouse)
  26. Payback? by Anonymous Coward · · Score: 0

    Google's geolocation is pretty good. They should just redirect all youtube and google video hits from Italy to a page saying "Following the recent judicial decision this service is no longer available in Italy as it is not practical to moderate all content in advance. If you don't like this here is the Italian justice minister's email address ........@........."

  27. Again thats going backward by Lazypete · · Score: 1

    The real probleme is not that the video appeared on youtube, the problem is that someone was stupid enough to beat another human being, be it down syndrom or not. The syndrom has nothing to do with it.. and in my opinion its good that the video appeared on youtube for two reason. 1. If it sickens enough people they will realise that the problem is not the video its the act. That the only solution is not censorship its education. 2. If enough people criticize the one putting the video up well they might just realise how stupid they were and change. Again... hiding things dont help.. showing it and saying.. damn this is stupid, do you realise what you have done? Put yourself in the shoe of that person !! THAT is something that SHOULD be done. Not hidding it... thats just hiding from your monster.. not confronting it.

    1. Re:Again thats going backward by delinear · · Score: 2, Insightful

      Here in the UK this kind of story comes up quite frequently - people posting "happy slapping", i.e. abusive, bullying videos online, and the stories always centre around the technology and how sick it is people are sharing this content on their phones/posting it online, very rarely does it centre on how sick it is that we live in a society where this kind of bullying is commonplace. I quite often get the feeling the people in power would be much happier to just ban such videos and go back to ignoring the problem (the way the schools have been doing for at least the last 30 years - hey, if we don't see it, it's not happening).

  28. Don't look at google by gmuslera · · Score: 4, Interesting

    If is a valid precedent, then in any moment slashdot admins could be convicted in Italy for an AC comment. Or any of us, if we didnt promoted down that comment when had moderating points.

    1. Re:Don't look at google by bickerdyke · · Score: 4, Insightful

      Are you sure Italy has case law?

      --
      bickerdyke
  29. By the same logic... by ZeRu · · Score: 1, Funny

    If someone commits a crime in Italy and the police isn't around to intervene, the victim should be able to sue them for not preventing the crime. How they were meant to achieve that? That's their problem, not mine.

    --
    If you post as an AC, don't expect me to spend a mod point on you.
    1. Re:By the same logic... by Dyolf+Knip · · Score: 1

      That exact case has already gone through the courts. Can you guess the result? Turns out, the police are not actually under any obligation to serve and protect or, you know, _do their jobs_.
      http://en.wikipedia.org/wiki/Warren_v._District_of_Columbia

      --
      Dyolf Knip
  30. Re:firsta posta mamma mai! by rvw · · Score: 2, Insightful

    My wife and I had planned on visiting Italy in the next few years. After watching the trial, we changed our minds. Italy's legal system has ... "flaws."

    You misunderstand. Those "flaws" are in fact "features" designed by the government, to support that government (or the media companies associated with it) whenever it needs them.

  31. What did you expect? by sp3d2orbit · · Score: 5, Insightful

    The president Silvio Berlusconi and his family own 45% of all media in the country (http://ketupa.net/berlusconi.htm). He regularly uses his political position to personally enrich himself and his family.

    Google came into the country and threatened his source of income by offering a media platform not controlled by the Berlusconi's. This has nothing to do with the autistic boy in the video, but everything to do with the retarded president.

    1. Re:What did you expect? by mdm-adph · · Score: 4, Insightful

      Aye -- I think this has very little to do with an actual crime, and everything to do with Berlusconi not wanting videos of himself being smashed in the face with miniatures ending up online.

      They either want Google to pull out or give the Italian PM the control he wants.

      --
      It is by my will alone my thoughts acquire motion; it is by the juice of the coffee bean that the thoughts acquire speed
    2. Re:What did you expect? by ChienAndalu · · Score: 1

      Thanks for the insight - never saw it that way

    3. Re:What did you expect? by Anonymous Coward · · Score: 0

      so you're saying that finally Berlusconi and Milan's judges agree? ahaha I don't think so

    4. Re:What did you expect? by Modern+Demagogue · · Score: 1

      I think yours is one of the most insightful comments here; but you come to the wrong conclusion.

      Of course there is an element of protectionism of Berlusconi's traditional media empire; but why exactly should Google have a media distribution network that is not subject to the same standards? None of his papers, magazines, or television networks can publish or air content without clearing the rights in a traditional manner, so why should Google continue to enjoy the free ride that the rest of the world has given them?

      When the DMCA was written in the US, the robotic exemption clause was included to protect actions like search and tasks that were completely automated and benign, but that could otherwise be construed as technically illegal. It was by no means intended to absolve internet content distributors of all duty to vet content before beginning distribution, but that is the effect it has had. YouTube sells ad space and changes the content flow; it no longer constitutes an automated content blind common carrier, and it should be subject to the restrictions placed on other distributors.

      Just my two cents.

    5. Re:What did you expect? by Anonymous Coward · · Score: 0

      Political theater. Hopefully Google will have enough to take him down. Should be intersting.

    6. Re:What did you expect? by Shin-LaC · · Score: 1

      The page you linked mentions that Berlusconi's channels gets 45% of TV audience. That's a far cry from "45% of all media". It's also unsourced and undated; assuming it was correct at some point, it is no longer so. The current data shows that Berlusconi's group is not even the largest group in terms of TV audience share (the largest is state-owned RAI).

    7. Re:What did you expect? by lmollea · · Score: 1

      What you say abour Berlusconi is true, but I don't agree at all with your position. This is purely a question of ignorance and not or politics or of media control. Italian Judges (especially those of Milan district) aren't known for their helping attitude toward Berlusconi or his companies. The Judge who sentenced Google was the same judge who sentenced a public officer for the CIA/Abu Omar affaire (where the government was censored for his acts). Believe me, that kind ignorance it's fairly common among our judges.

    8. Re:What did you expect? by lmollea · · Score: 1

      You are right, but I don't think that in this case Mr. B. could be called guilty. Two points make me think that in this case the reason should be looked elsewhere: one is that generally Italian judges (and those in Milan court above all), aren't generally kind with Mr. B. affairs. The second is that the judge that sentenced Google employees is the same judge that censored the Italian Governement on the Abu Omar affaire. I'm more inclined in thinking about sheer ignorance about internet and its mechanism (sadly I have a direct experience in that field) or, as I read the news, a very strict interpretation of our privacy laws such as that it would require from Google the explicit consent of every person filmed in any video published.

  32. Corruption at it's best by C_Kode · · Score: 1

    Man, I love Italy. Easily my favorite European country to visit, but idiotic things like this make me never want to visit again.

    IMO, any prosecutors involved in even attempting to bring such a case to court should have been immediately removed from their position. The fact that the judge allowed the case AND ruled in favor, he should have been immediately removed from his position and barred from any and all legal and / or political practices within Italy.

    1. Re:Corruption at it's best by berashith · · Score: 1

      apparently you don't even have to visit there to be convicted of their laws. They're apparently able to find you guilty of allowing other people to post to the internet.

      any grammar nazis notice what i just did ??? you cant complain all the time if you dont give credit!

  33. Italy by Anonymous Coward · · Score: 0

    Having elected a tanned, walking erection as prime minister isn't enough? Now this? It's a wonder why Italy hasn't already sunk into the Mediterranean Sea under the weight of its own shame.

  34. And here I was thinking... by Lord+Bitman · · Score: 1

    Reading the first couple of sentences of the summary "finally, common sense! Executives have been convicted over violating the poster's privacy by leading police to him!"
    one RTFS and RTFA later, and... for fuck's sake.

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  35. USA! USA! by SlappyBastard · · Score: 0, Flamebait

    Just felt the obligatory moment of patriotism over living in a country with a relatively non-retarded legal system. Let's face it. The rest of the world sucks. Or at least they never took the time to read and understand what de Tocqueville meant about the uniqueness of America's judicial system.

    --
    I scream. You scream. I assume that means we're both acquainted with the problem. We proceed.
    1. Re:USA! USA! by berashith · · Score: 0, Troll

      The relativism of not having that exact instance of stupidity in our system, while having many other instances that I do think of as quite ridiculous, does not make me feel obligated to feel more patriotic.

    2. Re:USA! USA! by mcgrew · · Score: 1

      Just felt the obligatory moment of patriotism over living in a country with a relatively non-retarded legal system

      I see you've had little experience with our legal system. And you should know better even if you do have no experience with it -- look at OJ Simpson. He's found not guilty of murder, but made to pay the victims' families for the murder. If that isn't retarded I don't know what is.

    3. Re:USA! USA! by SlappyBastard · · Score: 1

      One can argue whether the Simspon verdicts are so bad. I think the Simpson verdicts illustrate the difference in the burden of proof between civil and criminal court in the US.

      --
      I scream. You scream. I assume that means we're both acquainted with the problem. We proceed.
  36. More lawsuits! by h00manist · · Score: 3, Funny

    Well, it is Italy. Perhaps the victim will sue for having had his only chance at five minutes of fame nixed by Google. The mob-perpetrators will sue the state and the media for slander because they were just doing their job. Everyone will get killed. Then, there will be a marriage, a party, everyone will go to the beach, and confessions will be heard on a rock by a Catholic priest, you will be absolved if you are in scuba gear or have killed enough people.

    --
    Build your own energy sources from scratch. http://otherpower.com/
  37. Deep Freeze by TaoPhoenix · · Score: 1

    Good effort to be reasonable, but this is almost judicial panic. I expect junk from prosecutors, but not judges.

    This is the same as requiring them to cross reference every single version of every single web document ever made with every single person who happens to "be in it", and that's not even getting into the people who were photoshopped in it!

    It's just so wrong it's despair worthy.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  38. Once again I am sure.... by thePowerOfGrayskull · · Score: 1

    Once again I am sure that I am not the only one who misread this: "Google Italy Executes Convicted Over YouTube Bullying Videos"

  39. Italian legal system by eples · · Score: 1

    The Italian legal system is a FARCE. The more I hear about how it operates the more I dislike it. How can the Italian people accept it? They found Amanda Knox guilty after they already confirmed who the real perpetrator was.

    Shame on Italy. Not that I'm in love with Google, but you guys are fucking stupid with your legal system.

    --
    I'm a 2000 man.
    1. Re:Italian legal system by Ksevio · · Score: 1

      If you look at trial, she seems pretty guilty. Changed her story multiple times, falsely accused someone else. The other person convicted was involved with her, not instead.

    2. Re:Italian legal system by Anonymous Coward · · Score: 0

      They admitted hearsay as evidence. It's routine in Italy. It's disgusting.

      We don't allow hearsay evidence in the USA because we're more evolved than Italy.

  40. mod parent up by mr_gorkajuice · · Score: 1

    Please mod parent up.
    While we can all agree that it's impractical for Google to review every single video, this is not a reason to dismiss the discussion of whether or not it's acceptable for privacy to go down the drain simply because we're happily amused by all non-objectional use of their service.

    1. Re:mod parent up by somersault · · Score: 0

      What the hell are you talking about? Google removed the video as soon as there was a complaint, and then helped the Police to track down the offenders.

      This is nothing to do with privacy going down the drain - unless you are bothered about Google giving out details of the offending account holder, perhaps?

      --
      which is totally what she said
    2. Re:mod parent up by mr_gorkajuice · · Score: 1

      Privacy going down the drain may be strongly put, but replacing preventive measures with reactive measures means taking a stance like "minor damages are okay", which should definitely be looked critically upon when said by a private company.
      Some 95 +/- 5% of us don't ever have to care about the negative impact of seeing ourselves in compromising situations, so for us Youtube is all about the lulz and freedom of speech and all these great things. A tiny minority however has to face the fact of having their personal privacy ignored from the time a comprimising video was posted, till someone who found it unamusing reported it to the admins. Question is if the trade-off is worth it, and if alternate measures are really *that* unreasonable.

      If Youtube was forced by law to implement preventive rather than reactive measures by pre-approving any content, a video like the one mentioned here would probably never have ended up online, and if it did anyway, it would be still feasible to hold Youtube responsible for content made available through Youtube. That's the advantage. The disadvantage would of course be a complete change in the content flow on Youtube.
      If they were forced to pre-approve all content, they would probably figure a way to have poster ratings influence priority, so that long-term posters of high quality content would be pushed on top of the stack, while young kids singing along to Shakira would be dealt with later. Possibly, this would lead to frustrated teens who are bothered by the 6-month queue, assuming Youtube is not willing to hire 100K+ man hours per day to preview all the uploaded content, and niché sites might start popping up, turning Youtube into a highquality content heaven instead of the current mess, and spawning sites like bored-teens.com, i-has-a-webcam.com and untalented-singers.net.

      Or it could end some entirely different way.

      Anyway, the issue is that appearently everyone assumes that it's perfectly ok for Youtube to be unaccountable for anything however briefly available on their service, "cause it's user submitted", when in fact it's their choice to automate approval of content, and the discussion is dismissed because "it would be too hard".

      It would probably be hard indeed, but it's the success of Youtube that makes it so bad to end up in compromising videos on their site. Since it's a private company and not a public service (even though we all take it for granted), I think it's fair to ask:

      Does the benefits of legalised automatic approval of graphical user content really outweigh the potential dangers?

      I'm not against free speech, but like most of you (appearent when the discussion is about copyright infringement), I believe the internet is still so young that the lawmakers still haven't quite figured out the querks, pros and cons, and there might be a need for exact laws defining the difference between discussion boards and content sharing. They might need to follow seperate sets of rules.

    3. Re:mod parent up by scot4875 · · Score: 1

      So if I go and sign up for web hosting and a domain name LetsWatchThisKidGetBullied.com from GoDaddy (analogous to creating the YouTube account), and then upload a single file to this domain that is a video of some kid getting bullied, you're arguing that GoDaddy is culpable for my action? They should have reviewed the video before it was allowed to be "published"?

      If not, what do you think is the difference? Is it because my video isn't searchable? (Google might find it eventually if people linked to it) Is it because I paid for the domain hosting, but YouTube accounts are free? If YouTube required a $8 annual fee, would that absolve them from responsibility?

      I honestly see exactly zero difference between these two scenarios. A hosting company is providing content delivery on behalf of its (paid or not) users. I don't think there is any reasonable rationale that they should be held accountable for their users' content. This, in effect, makes it impossible to have *any* type of internet hosting company whatsoever. Even forums/blogs would be a huge liability under this decision.

      --Jeremy

      --
      Jesus was a liberal
    4. Re:mod parent up by somersault · · Score: 2, Insightful

      I do think this is a shameful situation, but it's really not YouTube's fault any more than it's Slashdot's fault that people post up ASCII pictures of Goatse, or it would be Google's fault for finding pages full of racial hate or porn or whatever when you search using ambiguous words, etc. These are high traffic public sites and simply would not function with any need for pre-approval.

      Sure, people might upload something to a webpage that you don't want to be there. But they could just as easily email it, IM it, print it out and send it out by snail mail or put it in a self published magazine or newspaper. People are going to be assholes no matter what you do, and punishing the 99.999% of users who aren't abusing services in such a manner because of occasional abuse of the service is IMO simply wrong. By even considering such draconian censorship, you're just letting the assholes win.

      --
      which is totally what she said
  41. Not the judges per se by Xest · · Score: 3, Interesting

    This is political.

    I would wager that this is Berlusconi's way of trying to control the web, you have to keep in mind this is a man who has a stranglehold on Italian media, and has used that to get into, and stay in power over the years. The web has been a headache for him, because it's an avenue from which people are getting news and which he does not control.

    The judges may well be incompetent, or corrupt, but really they're just pawns in a bigger battle.

    It's really hard to see how it can be anything else, I do not believe judges would reach the conclusion they did based on the fact that Google had done everything possible in their power, and based on the fact the people at Google in question who were targetted, are in some cases completely irrelevant and unattached to anything to do with the case.

    It's likely that these people were chosen because they were high enough to make a point, but not the top dogs who really would have been able to unleash hell and fight back.

    This is certainly one way in which Berlusconi could try and control the web such that it adheres to his viewpoint as much of the Italian media that he controls does, by ensuring that content providers are criminally responsible for anything put up that the government disagrees with. It's not a big deal for the Google execs, because they will likely never travel to Italy and so the case wont effect them- but picture this, you run a site in Italy critical of the Italian PM, you post photos of him carrying out an illegal deal, and, well, now you know where it will land you at least- jail. Anyone not from Italy doing the same, faces jail if they ever decide to travel to Italy after being convicted of the same.

    It's almost as if Berlusconi has been taking lessons from the likes of Chavez and Ahmadinejad recently.

    1. Re:Not the judges per se by MightyMartian · · Score: 1

      If I were Google, I'd shut down all formal operations in Italy, move the whole thing to Switzerland and give the corrupt and inept Italian judiciary the finger on a regular basis. They could do challenges like "Produce a five minute film about how many women Berlesconi has slept with in the last twelve hours".

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Not the judges per se by u38cg · · Score: 1
      As I understand EU law, they could now be arrested anywhere in Europe if the Italians felt like chasing this down. I suspect they won't - not even Berlusconi can be stupid enough (surely) to miss just what a shitstorm would erupt if these guys did end up in a jail.

      I suspect this will ultimately end up being chucked out in a judgement from Strasbourg. Here's hoping.

      --
      [FUCK BETA]
    3. Re:Not the judges per se by Xest · · Score: 1

      I believe they would need to issue a European Arrest Warrant for them to be at risk through the rest of Europe. I doubt for a second they'd be that stupid, as it would likely throw support for the EU as a whole into jeopardy- many British governments struggle to get support for the EU as is and it would just give more ammo to EU critics so I suspect even if they did make such a move it would be stamped out pretty quickly.

      Whilst no European arrest warrant is issued, they shouldn't have any fear travelling through the rest of Europe at least, so it's really just an Italian affair right now thankfully.

    4. Re:Not the judges per se by klenwell · · Score: 2, Interesting

      This was my conclusion, too, as soon as I read the headline after hearing this story on NPR last week:

      http://www.npr.org/templates/story/story.php?storyId=123761651

      From that report:

      One patron, Christian Lingreen, says his native Denmark has 100 percent Wi-Fi coverage — Italy maybe just 1 percent. "I love Italy," he says, "but I have to say [information technology], that is not their cup of tea."

      Nearby sits Riikka Vanio of Finland, who is a mother of two children. "In the school, it's impossible to pass information to other parents through Internet, because none of them have Internet connection at home or not even e-mail address," she says. "So it's not part of their culture yet."

      Nevertheless, Italy's right-wing government is going far beyond its European partners with the decree that would require Web sites with video content to request authorization and would mandate the vetting of copyrighted videos before they're uploaded.

      --
      Innovation makes enemies of all those who prospered under the old regime... -- Machiavelli
    5. Re:Not the judges per se by Anonymous Coward · · Score: 1, Insightful

      Dunno, Italian judges are not exactly known for their pro-Berlusconi stance.

    6. Re:Not the judges per se by Anonymous Coward · · Score: 1, Insightful

      >This is political.
      >I would wager that this is Berlusconi's way of trying to control the web, you

      I think you don't know much about Italy.

      Even the enemies of Berlusconi would tell you he is not controlling the judges. The majority of judges/prosecutors are leftist; judges/prosecutors cannot basically be removed or fired even if they do something really bad or don't show up for work; there's constant attrition between Berlusconi and judges so much so that the opposite of what you said is true: if a judge can do something against Berlusconi chances are that he will do it.

    7. Re:Not the judges per se by DMiax · · Score: 1

      Not really. Only high level crimes are covered by that. The conviction issued is not enough. Actually they would not be arrested at all, up to two years are automatically discounted if it is you first offence. The verdict is something like "the law says you are guilty, but it is not so bad, you know".

      I read it like a heads up for the parliament to change the law. Of course this parliament is corrupt and will likely just ignore the warning.

    8. Re:Not the judges per se by Chyeld · · Score: 1

      You and everyone else in this particular thread are apparently ignorant of the fact that the people convicted are Italian employees of Google Italy (thus the whole, never traveling to Italy thing is a bit silly) and the sentence is already suspended (thus no reason to for the government to track them down anyway).

    9. Re:Not the judges per se by Nikker · · Score: 1

      Best thing for Google to do is to make Youtube display results but for certain countries that laws like this reply have the video "unavailable until reviewed" for 90% of their videos and take their sweet time reviewing them. If the people being blocked don't like it they can fight to change the laws other wise they can just watch lolcats (after of course said felines are contacted and grant permission).

      --
      A loop, by its nature, continues. If that didn't make sense, start reading this sentence again.
    10. Re:Not the judges per se by Shin-LaC · · Score: 1

      No, no, a thousand times no. You literally have no idea what you're talking about.

      One, in Italy the executive has no power over the judiciary or the prosecution, and neither does the parliament. No, not like in your country. The judiciary (which comprises both judges and prosecutors) is completely self-governed: there are no checks or balances other than the fact that they cannot make their own laws. They are not even subject to the people: they are not elected, nor under the direct or indirect influence of any popularly elected official.

      Two, members of the judiciary, and especially the prosecutors and judges in Milan, are Berlusconi's worst enemies. They hate him, he hates them, and they have been trying to send him to jail for over a decade.

      To say that Berlusconi is behind a ruling made by a Milan court is like saying that George W. Bush produced Fahrenheit 9/11, or that Sarah Palin was the secret mastermind of Obama's campaign. I am struggling to find a reference familiar to the American public that could accurately convey the level of (presumably inadvertent) lunacy your suggestion represents. You are making about as much sense as a Scientologist moon-landing-denier wearing a full suit of tinfoil armor.

    11. Re:Not the judges per se by Xest · · Score: 1

      So let me get this straight, you're saying I know nothing about Italy, and the way things work there and yet you're completely ignoring the fact that Italy is perhaps the most corrupt nation in the Western world?

      You're correct that many members of the judiciary have been out for Berlusconi, but not all judges follow that agenda.

      If Berlusconi wanted to influence judges with the amount of money he has, and with the amount of corruption in Italy, then that would be an extremely trivial task for him.

      Are you even aware that a particularly significant portion of the hatred by some judges against Berlusconi is actually down to bribing judges in the first place?

      http://www.telegraph.co.uk/news/worldnews/europe/italy/5720385/Silvio-Berlusconi-dines-with-judge-who-is-to-rule-on-immunity-law.html

      http://www.independent.co.uk/news/world/europe/berlusconi-censured-by-un-over-bribes-case-597998.html

      The rest just get harassed instead:

      http://www.thefirstpost.co.uk/54904,people,news,anger-as-berlusconis-tv-channel-canale-5-films-judge-raimondo-mesiano-who-fined-him

      If you're going to so arrogantly infer that someone is wrong, it might be a good idea to at least check your facts to ensure you're correct first, because clearly, in this case, you are not.

    12. Re:Not the judges per se by Xest · · Score: 1

      See here:

      http://slashdot.org/comments.pl?sid=1561602&cid=31265116

      Not all judges hold the same opinion. Italy is an extremely corrupt nation, there are plenty of judges that support Berlusconi or are easily influenced one way or the other also.

    13. Re:Not the judges per se by Xest · · Score: 1

      See here, you are not the only one to hold this mistaken belief:

      http://slashdot.org/comments.pl?sid=1561602&cid=31265116

      There is certainly a sizeable group of judges out to get him, but there's certainly still a lot left that support him or who are easily influenced.

    14. Re:Not the judges per se by LBt1st · · Score: 1

      Italy's in the western world?

    15. Re:Not the judges per se by Vastad · · Score: 1

      Wish I had mod points. This is exactly what I suspect.

      This judgement is just to set suitably exploitable precedent for further action months or years down the line.

      What I expect is Sod's Law to take enthusiastic effect however. A totally unforeseen party of interests will (not might, will) exploit this precedent for their own ends, for better or worse and will cause more headaches than desired.

      Whatever happens, it will continue to suck for the common man.

    16. Re:Not the judges per se by u38cg · · Score: 1

      Wrong. None of the employees are Italian, live in Italy or indeed had direct responsibility for the video.

      --
      [FUCK BETA]
    17. Re:Not the judges per se by u38cg · · Score: 1

      I didn't realise the sentence was suspended, so my bad. But a European arrest warrant can be issued where there has already been a conviction for a sentence over four months.

      --
      [FUCK BETA]
  42. Re:firsta posta mamma mai! by Anonymous Coward · · Score: 0

    You mean, apart from playing the ugliest soccer ever for a World Cup champion.

    BTW, I'm of italian descent too.

  43. Keep in mind... by Anonymous Coward · · Score: 4, Interesting

    ... That Berlusconi, beside being the president of that country, is too the manager of almost every TV stations in Italy (Mediaset).
    I live in Switzerland, and I cannot find it again, but I read some weeks ago that a law was to be enforced to regulate the viewing of on demand video.

    The article was relating the big amount of money that where being put into a on-demand video platform for mediaset at the same time, and how youtube was the first competitor to put aside.
    http://www.totaltele.com/view.aspx?ID=450891
    http://news.softpedia.com/news/Berlusconi-s-Government-Plans-to-Severely-Restrict-Online-Video-in-Italy-132350.shtml

    Given the fact that Berlusconi says all the time that "The bad journalists are attacking me without reasons all the time" http://www.cbc.ca/world/story/2009/10/15/f-berlusconi-saga.html, and how he consider that the fist in face he received some times ago was "organized and planed via facebook" http://www.bloomberg.com/apps/news?pid=20601085&sid=alDDK9lGqxtY I am not that surprised of that move.
    After all, he passed a law giving him immunity in every lawsuit for corruption that where opened against him when he came back to the government.
    http://www.guardian.co.uk/world/2009/feb/18/silvio-berlusconi-immunity-prosecution

  44. Tried accessing YouTube from the Rome... by netsavior · · Score: 5, Funny

    "Youtube.com is inaccessible from your country."
    Error 1942 - Fascist exception overflow. Please disable Axis powers and reload the page.

    1. Re:Tried accessing YouTube from the Rome... by Anonymous Coward · · Score: 0

      "Youtube.com is inaccessible from your country."

      Error 1942 - Fascist exception overflow. Please disable Axis powers and reload the page.

      Remember not every place in Rome is under the jurisdiction of the Italian Government. Of course, I have no idea how the current Pope would react to visiting Italians utilizing the Vatican City's broadband network to view YouTube. On the other hand perhaps the Google execs could claim to be political refuges...

  45. Misleading Title & Summary by tjhayes · · Score: 1

    When I first read the summary, I thought that the 3 google executives were the ones who DID THE BULLYING. The Title certainly doesn't make it clear either.

  46. Re:firsta posta mamma mai! by Anonymous Coward · · Score: 2, Informative

    There were certainly large holes in the prosecution's argument, and their random character assassination tactics were pretty underhanded, but the evidence that she was at least present at the murder is rather strong. (Click 'more' to read it all.)

  47. Easy fix: by Anonymous Coward · · Score: 0

    If the laws of a specific country allow such abuse of service providers, the best fix is to simply pull youtube access from the entire country. Let the people of that nation demand the judgment to be repealed if they value the service.

  48. My heroes by elrous0 · · Score: 2, Informative

    Is this the same Italy that let a a fugitive child rapist attend an awards ceremony in their country without the slightest fear of arrest? So I guess it's okay to rape a kid as long as you don't bully them on Youtube? What noble defenders of our kids, that Italian government!

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:My heroes by Anonymous Coward · · Score: 0

      Won't someone please, just once, for the love of christ, think of the children?

  49. Media in general? by Midnight+Thunder · · Score: 1

    I reached the same conclusion as you did, but what does this mean for media in general? Should they be blanking out the faces of every person in the background or asking everyone in the audience of a sports crowd whether it is okay to air the football match, for fear of showing this person on TV?

    While I can appreciate privacy laws, there are some realistic bounds.

    --
    Jumpstart the tartan drive.
  50. Autism not Down Syndrome by Anonymous Coward · · Score: 0

    RTFAs, the bullying victim is autistic.

  51. Re:firsta posta mamma mai! by Anonymous Coward · · Score: 1, Informative

    Also this. Prosecution issues aside, she was involved. The evidence is overwhelming.

  52. anonymous... by Anonymous Coward · · Score: 0

    4 chan, where are you - we need this needs to go to over power level 9000!

  53. Re:firsta posta mamma mai! by Modern+Demagogue · · Score: 1

    That by definition you are using this content to turn a financial profit. People need to stop thinking of YouTube / Google as some helpless 3rd Party that is not responsible for the content it disseminates. A television network would not be allowed to air a video like this without clearing all the rights to it, unless they were using it as part of a news piece, and even then they might have to blur some of the faces etc. Google and Youtube are essentially for profit entities which sell ad space next to, before, or on top of content provided by another entity. All internet content distributors have a legal duty to make sure they have the rights to the content they distribute, before doing so. Yes this is inefficient and would curtail the growth of such sites, but their explosive growth is only because they are not responsible for their true cost of doing business, and have been getting a free ride for far too long through a loophole exemption in the DMCA. I should not have to patrol the internet to make sure my copyrights are not being violated; I should be able to go to sleep at night knowing that my content is safe wherever it is being distributed, because that distributor has taken the necessary precautions to clear all rights and compensate performers, artists, and creators appropriately; even if that performer is an autistic child.

  54. Serious threat to the Web? Pfft . . . Really? by Idou · · Score: 1

    Who needs Italy . . .

    --
    Sdelat' Ameriku velikoy Snova!
  55. Small correction... by IANAAC · · Score: 2, Informative

    Silvio Berlusconi isn't the president. Never has been. He's the Prime Minister.

    1. Re:Small correction... by moranar · · Score: 1

      The title 'Presidente' although not exactly correct for him (the current Italian president is Giorgio Napolitano) is usually informally attributed to the Premier too. So the GP is sort of right.

      --
      "I think it would be a good idea!"
      Gandhi, about Internet Security
    2. Re:Small correction... by IANAAC · · Score: 2, Informative
      In Italianyes. but when translated into English, it's always referred to as prime minister, since it would be confusing to English speakers. As an aside, the reason it's translated as prime minister is because most other parliamentary systems also refer to that role as prime minister, not president of the council of ministers.

      Just sayin', as a translator.

    3. Re:Small correction... by lgw · · Score: 1

      In the US there is the position of "president of the Senate", which is purely parlamentary and you wouldn't want to refer to that person as "the president" either. Senators often address their remarks to "Mr President", which I'm sure is a bit confusing to folks watching on CSPAN (though whether more Americans or foreign viewers are confused by this, I wouldn't want to guess).

      --
      Socialism: a lie told by totalitarians and believed by fools.
  56. The Inquisition, lets begin... by Anonymous Coward · · Score: 0

    Wow, that song just popped in my head while reading this.

  57. Re: by Anonymous Coward · · Score: 0

    And this is the country put in charge of rebuilding Afghanistan's Court System.

    Wait...that just might work!

  58. Re:firsta posta mamma mai! by NeutronCowboy · · Score: 2, Interesting

    I'm pretty sure I know why this happened:Youtube is a serious threat to Berlusconi's stranglehold over all Italian TV stations.Considering how easy it is to set up a Youtube channel, traditional Italian TV is about to be pushed into irrelevance. Call Berlusconi whatever you want, but he isn't stupid. So he sends some favorable prosecutor after Youtube and will try to shut them down.

    I don't know if this will lead to anything more than Youtube being pulled from Italy, because the Italian system isn't common law - judges don't create precedents. So I don't think this ruling means anything more than more "Youtube, stop interfering with our monopoly!" But other than that, yes it does reek of corruption and incompetence.

    --
    Those who can, do. Those who can't, sue.
  59. Re:firsta posta mamma mai! by ChienAndalu · · Score: 4, Interesting

    And if you still decide to travel there, be sure that your wife wears something else than jeans.

  60. Might Italy be good for some libel tourism ? by Anonymous Coward · · Score: 0

    I know of a privately run school in Singapore which has been trying very hard for many months apparently to shut down a parents' blog carrying rather negative comments. (I am not naming anyone except jurisdiction, I better protect my own cowardly/anonymous arse).

    A defamation suit is plodding along but the content may be too weak for take down. Trade Mark threats has been tried with no success. Surveillance, extra legal methods, nothing works apparently!

    If a little trip to Italy will help them, they might explore.

    (BTW, it was India Police and Google which helped the school find the parents in Singapore. What irony now!)

  61. Re:firsta posta mamma mai! by NeutronCowboy · · Score: 3, Informative

    Obviously innocent? You must have watched a different trial. She and her boyfriend had wildly differing stories about what happened, repeatedly changed their stories and had some other issues explaining what they were doing the night of the murder. Not to mention that it is entirely possible for more than one person to participate in a murder.

    Yes, there were some obvious issues in the trial (her dna is found on a knife from their apartment? Shocking!) and there are plenty of well-deserved jokes about the Italian legal system, but to go as far as saying they're obviously innocent.... that's a stretch.

    --
    Those who can, do. Those who can't, sue.
  62. This is par for the course for Italy by Zontar_Thing_From_Ve · · Score: 3, Informative

    This is very typical of Italian "justice". You must understand that in Italy they feel sorry for the worst criminals and like to convict lesser ones. People over 35 might remember the Achille Lauro hijacking where an elderly Jewish American cruise ship passenger was killed by terrorists. The terrorists were going to get away on an Egyptian Airliner until President Reagan ordered US fighters to intercept the flight and force it to land in Italy. The Italians showed up with their elite armed police and at gunpoint demanded the right to try the hijackers. And in justice the Italian way, they ended up feeling sorry for all of them and made all of the ones they convicted eventually eligible for work release. And of course, one of them took advantage of this and fled and it was only due to the competence of Spanish authorities that he was recaptured.

    You must be aware too that Italy probably has the strongest voice in all of the EU against the death penalty. So like many countries that don't have it, they tend to be pretty soft on true criminal behavior. They are not like the UK where you actually can get locked up for life. Remember a few years ago when some guys tried and failed to do more terrorist bombings in London? At least one of the culprits fled to Italy and demanded to be tried there. He knew that he'd get maybe 10 years at most and be set free if he faced what passes for Italian justice.

    1. Re:This is par for the course for Italy by Anonymous Coward · · Score: 0

      You are perfectly right about Italians freeing a known terrorist.

      They did this for a reason though, maybe an evil one, maybe a disgraceful one: they had an unwritten agreement with PLO: you (PLO members) can travel around Italy w/o being "harassed" and in exchange you don't do anything bad (bombs) in Italy.

      In the US instead, they free OJ Simpson, talk about a "lesser criminal" going free !

    2. Re:This is par for the course for Italy by LanMan04 · · Score: 1

      Italy is the South America of Europe. Chaos I tell you, chaos!

      Pet theory: The closer to the equator, the more looney-toons the country.

      --
      With the first link, the chain is forged.
    3. Re:This is par for the course for Italy by FirstTimeCaller · · Score: 1

      And in justice the Italian way, they ended up feeling sorry for all of them and made all of the ones they convicted eventually eligible for work release.

      Didn't work out that way for Amanda Knox.

      --
      Wanted: witty unique signature. Must be willing to relocate.
  63. Precedent does not matter by js_sebastian · · Score: 4, Informative

    No, GP is right. The reason we have stupid laws is because we have stupid and/or corrupt politicians. The judge in this case isn't necessarily either stupid or corrupt - quite often an astute judge who recognises a stupid law will set up a trial case (preferably by finding against someone big enough to take care of themselves like Google) which they know will almost certainly go to appeal. Once it goes to appeal, any precedent set is more binding on the lower courts...

    ...Except that italy's judiciary (as the judiciary of most of the world, except the former british empire) does not operate under common law, but civil law. Under civil law, precedents do not matter, only the law (as written by the legislative branch) and its interpretation matter.

    1. Re:Precedent does not matter by lordholm · · Score: 1

      Precedents matter also in civil law, but they are only there to interpret the written law for certain cases.

      Several precedents in Sweden have for example thrown out local legislation when it has not been compliant with EU law or the ECHR. In most cases where EU-law is involved, the judges would request an opinion from the EU/EC-court on how they should judge when the laws are in conflict. Lower courts have been known to do this.

      --
      "Civis Europaeus sum!"
    2. Re:Precedent does not matter by Anonymous Coward · · Score: 1, Informative

      precedent matter in italy when they are judged by the higher court (cassazione)

      normal court
      appeal court (corte d'appello)
      and then
      cassazione

      or european court

    3. Re:Precedent does not matter by PhilHibbs · · Score: 1

      Nonetheless, the best way to get rid of a bad law is still to enforce it. Whether it sets a legal precedent on appeal, or whether it prompts the legislature to change the law, or whether it prompts an appeal to a higher court (ECHR) is a minor detail.

    4. Re:Precedent does not matter by peppepz · · Score: 1

      It's not entirely true. In Italy, the judges of the Court of Cassation, when in joint session, can make sentences which are very similar to common law precedents, and have a major importance. (Especially when they cover matters that aren't well specified by the written law.)

    5. Re:Precedent does not matter by Anonymous Coward · · Score: 0

      Not sure about Italy, but in my country (Neo-Roman civil law too) precedent does matter, not as much as in common law, but it does matter; specially rulings by the supreme court (the highest) are binding. And that method described by the GP is very common, specially with laws of dubious interpretation.
      In civil law systems legislation is the most important source of law but not the only one, as you, commoners seem to think.

  64. Re:firsta posta mamma mai! by ircmaxell · · Score: 2, Insightful
    Well, when you submit a content to one of these sites, you explicitly say that you have copyright over it and grant the site permission to use it. How are they supposed to verify every single work to see if you really did have the right to grant permission in the first place? It's not only inefficient, but for a sizable amount of content it's all but impossible (If you recorded a video of kids playing in a park, how can they know for sure if A. You actually took the video, B. You had permission to take the video, and C. You have the permissions of each and every person and object videoed to be recorded?)... You bring up news services as an example because clear all the rights to a video. That's different for two reasons. First, they are typically seeking the content (as opposed to openly receiving the content) and as such the onus comes on them to verify the source... Secondly, they are claiming the source as credible (and as such, they need to do the research to make sure it's not fake, pirated, etc)...

    I should be able to go to sleep at night knowing that my content is safe wherever it is being distributed, because that distributor has taken the necessary precautions to clear all rights and compensate performers, artists, and creators appropriately

    Let's say that I copy a work that you made, and then say that I made it. Unless the people I release it to recognize that it's yours, how in the world are they supposed to know that it's not my content? And how in the world should they be liable for me claiming that it's my own? Not only is that a logistical nightmare (maybe even impossible), but it's also a childish thing to ask for. What it boils down to is that you (or your guardian in the case where you are not mentally disabled) are responsible for the protection of your own rights. If I constantly harass you (phone calls, emails, whatever so long as it's non-violent), it's up to you to get the police to do something about it. If I threaten to kill you, it's up to you to take measures to protect yourself (calling the cops, hiring a body guard, etc). Freedom is not free, and neither are your rights. You need to fight for them, and to think that someone else should be doing that for you is ignorance at best...

    --
    If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
  65. How much is Italy's business worth to Google? by ArundelCastle · · Score: 3, Insightful

    It's unlikely most countries would adopt the same restrictions China has, but obviously when Europe starts impacting the internet, pants are rightfully bricked. (Not that the U.S. lawmakers haven't had their fair share of calls for net filtering and ISP responsibility in the name of children, privacy, and copyright.)
    Just to imagine what the landscape could look like a few years from now, following is *paraphrased* from Google's hearing before congress in 2006.

    Some governments impose restrictions that make our mission difficult to achieve, and this is what we have encountered in Italy. In such a situation, we have to add to the balance a third fundamental commitment:

    (c) Be responsive to local conditions.

    So with that framework in mind, we decided to try a different path, a path rooted in the very pragmatic calculation that we could provide more access to more information to more Italian citizens more reliably by offering a new service – Google.it – that, though subject to Italy's self-censorship requirements, would have some significant advantages. Above all, it would be faster and more reliable, and would provide more and better search results for all but a handful of politically sensitive subjects. We also developed several elements that distinguish our service in Italy, including:

            * Disclosure to users -- We will give notification to Italian users whenever search results have been removed.
            * Protection of user privacy -- We will not maintain on Italy soil any services, like email, that involve personal or confidential data. This means that we will not, for example, host Gmail or Blogger, our email and blogging tools, in Italy.
            * Continued availability of Google.com -- We will not terminate the availability of our unfiltered Italian-language Google.com service.

  66. Re:firsta posta mamma mai! by deepershade · · Score: 1

    How the ways in which you are wrong. I don't even know how to begin listing them. But I will say that the "loophole" is there to protect fundamental rights, but clearly, you're a content creator in some form, and as such, so biased and misguided, that you would happily see those rights revoke/subverted just to further your goals. Now get back in the tub beast.

  67. Agree to disagree by hesaigo999ca · · Score: 1

    I agree with google that this is not the best way to go about it....
    but when you consider the implications of just what was being done to the poor kid.
    Child p0rnopgraphy, snuff movies, animal cruelty, mental abuse etc...the list goes on as certain things
    that should not be shown on the internet (or ever for that matter).
    If there was child p0rnography on youtube, would google execs have swallowed this pill any easier.
    would they have realized just what this video is equivalent to...

    The exec will probably get a slap on the wrist in the very end, and a huge fine....but the message will be crystal clear to all other youtube like vendors.....you are responsible for your content. No more using , "we are not to be held liable for..." crap.
    If a newspaper printed a child in a somewhat sexually explicit manner, and came out saying, well we did not create the ad, we are not responsible for the picture used in the ad, they would get laughed at.

    The courts just wanted to make a clear example of what will not be allowed on the internet.....i agree with them on that point.
    The most important part is that the rest of the community will realize how bad this situation is and start reviewing their own footage to make sure no crap is on there....

    As for the exec, he has already made his millions, working for google, google made sure of it, and being their fall guy, is less destructive then them being tied as a whole to this situation. Now we will see a new slew of software that reads through the videos to check for illegal content such as this kid being abused. There are plenty of people in starving countries that can be asked to work for google on a per video basis that would be very happy to be included in a starting economy such as this one, not only to make some money but also get more technology in their country.

    1. Re:Agree to disagree by argent · · Score: 1

      If a newspaper printed a child in a somewhat sexually explicit manner, and came out saying, well we did not create the ad, we are not responsible for the picture used in the ad, they would get laughed at.

      So you're basically saying that they should hire people to look at every video posted to YouTube before it goes out, the way Newspapers have people look at every story and ad before it gets printed?

      Now we will see a new slew of software that reads through the videos to check for illegal content such as this kid being abused.

      Using advanced magic pixie technology, no doubt.

    2. Re:Agree to disagree by hesaigo999ca · · Score: 1

      >So you're basically saying that they should hire people to look at every video posted to YouTube...

      That is exactly what I am saying...

      >Using advanced magic pixie technology, no doubt

      Did you know they already have advanced software same used for facial recognition,
      that can recognize skin being shown, flesh tones, and are able to create an algorythm that flags certain images for nakedness, now of course videos are made up of multi-million images one after another (frames) but we have quad core computers as desktop computers now, so a Beowulf cluster of those wold do the trick. The story was covered on /. a while back, as well when I say a new slew, I mean still does not exist, but we have what we need to create it.

      "The best way to predict the future is to invent it..."

  68. How does that extrapolation go? by jonaskoelker · · Score: 1

    If [this] is a valid precedent, then in any moment slashdot admins could be convicted in Italy for an AC comment.

    I think the safest best is that the slashdot mothership corporation CEO's might be held liable for slashdot posts.

    Exactly what do you mean by admins? Sysadmins? Were any Google sysadmins held liable in this case?

    Or any of us, if we didnt promoted down that comment when had moderating points.

    Were any youtube users held liable in this case?

    Exactly what do you base your statements on? I'm not a lawyer, and I don't know Italian law, but I think it could say that CEOs are liable, but not other staff and certainly not users/consumers/customers. How do you know it doesn't?

    1. Re:How does that extrapolation go? by gmuslera · · Score: 1

      If [this] is a valid precedent, then in any moment slashdot admins could be convicted in Italy for an AC comment.

      I think the safest best is that the slashdot mothership corporation CEO's might be held liable for slashdot posts.

      Exactly what do you mean by admins? Sysadmins? Were any Google sysadmins held liable in this case?

      Whoever at Slashdot that an italian judge could think that is responsible for that comment to remain visible. Whatever fits better at the role that those convicted google workers had.

      Or any of us, if we didnt promoted down that comment when had moderating points.

      Were any youtube users held liable in this case?

      Yes, is in the 1st paragraph of the google response, the one that posted it online got 10 months of jail.

      Exactly what do you base your statements on? I'm not a lawyer, and I don't know Italian law, but I think it could say that CEOs are liable, but not other staff and certainly not users/consumers/customers. How do you know it doesn't?

      Well, wasn't convicted Google CEOs for sure, and in fact, the convicted ones arent working at Google since 2 years ago, the charge for allowing the video to be posted online, making possible a privacy violation. Moderating/promoting comments (or promoting stories out of firehose) here make them more visible, more public, maybe would have no sense for us to be liable, but in weirdland they could think it is eventually, just give them enough time.

  69. Down Syndrome != Autism by jonaskoelker · · Score: 2, Informative

    My parent said:

    This has nothing to do with the autistic boy in the video

    The summary said:

    a YouTube video showing a boy with Downs syndrome

    And the internets at http://autism.suite101.com/article.cfm/autism_and_down_syndrome said:

    One set of co-morbid conditions that are experiencing an upsurge in research is the existence of an autism spectrum disorder in an individual who also has Down syndrome

    If autism and Down syndrome can coexist, it seems reasonable they can also not coexist, and that they therefore are different things.

    Please don't confuse the two.

  70. Re:firsta posta mamma mai! by Anonymous Coward · · Score: 0

    bingo, I mean, centro!

  71. Re:firsta posta mamma mai! by ChienAndalu · · Score: 2, Insightful

    You are privileging the hypothesis. Amanda Knox and her Boyfriend are obviously innocent. Rudy Guede is obviously the sole perpetrator.

  72. since when is Down's syndrome the same as autism? by kae_verens · · Score: 1

    hey editors, RTFA.

    Down's syndrome is not mentioned at all in there. Autism is.

    My son is autistic. There's a very big difference between the two.

  73. Re:firsta posta mamma mai! by Anonymous Coward · · Score: 0

    Actually not.

    The "someone else" has been convicted before the other 2 because he chose a kind of speedy trial in which, if you are convicted, your sentence is automatically reduced by 1/3.

    Judges said all of them (1+2) did it together.

    Now, we can certainly think SHE is innocent, I have no opinion about this.

    However, please note that every penal system is different, it's not a given that the US system is the best.
    For instance, in Italy you can appeal once automatically (not in the US unless you have some valid reason) and them a second time if some conditions are met. In the US if you get a jury made up of stupid people you are screwed.

    However, I fully understand you, because if a pretty Italian girl had been convicted in the US, in Italy everyone would be screaming about the terrible US penal system in which innocent people are sent to prison; her parents would be on all the tv shows.

  74. Re:firsta posta mamma mai! by Lunix+Nutcase · · Score: 1

    Did you see the Amanda Knox trial? This is the same legal system that convicted 2 obviously innocent people of murder with no evidence and sentenced them to prison for over 20 years even though they had already CONVICTED SOMEONE ELSE FOR THE SAME CRIME!

    So according to this logic if 3 people participate in robbing a store then only one of them can be convicted. Because otherwise those other two people will be sentenced to prison even they may have already CONVICTED SOMEONE ELSE FOR THE SAME CRIME!!

  75. Increasing privacy concerns by Anonymous Coward · · Score: 0

    Privacy in Italy is serious businnes, as it's a means for politcians to cover they dirty ass. They are cutting down on legal interceptions as well.

  76. first time ashamed of italy? wtf lol by Weezul · · Score: 4, Interesting

    You must not pay ANY attention to Italian politics. Italy is the joke of Europe. lol

    Spain, Portugal, Croatia, etc. are all more efficient and less corrupt. Turkey very likely matches Italy if your counting raw incidences, but Turkish corruption has a more administrative character, so people lose less money to corruption.

    I know numerous real Italian-born highly educated young Italians living in Europe, except for a couple girls who choose to live near their parents, all prefer living abroad in France, Germany, or even miserable Britian over living in Italy.

    It's a astonishingly bad time for young Italians living in Italy. Berlusconi's government's employment regulations have ensured most will never have the life their parents lived. I'm seriously not kidding, all the smart ones expatriate.

    Berlusconi is apparently trying to gain some control over the web with this move, well he controls most non-web based news already.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  77. Good for them by HoldmyCauls · · Score: 1

    I find myself surprisingly on the side of the convictors in this case. I don't care if every stupid video of some cretin doing something nasty gets posted publicly; free speech is a great thing, but it should not be Google's position to blindly defend it. Providing a place for this kind of media results in a gray area for the behavior depicted.

    Copyright belongs to the person behind the camera, admittedly. However, responsibility for showing to the world mistreatment of living beings does fall to Google for *not* screening it privately first.

    There can be other places to post videos of cruel behavior; Google does not to staunchly defend people's rights here, and unless they mean to, they should admit responsibility and discontinue allowing inappropriate media to be posted. If they don't want to provide the resources for financial or other reason, fine. Stop allowing posting altogether and get out of the video-hosting business. If they want to provide a place for people to show their true selves, however, they should be prepared to defend them or accept punishment on their behalf.

    --
    Emacs: for people who just never know when to :q!
    1. Re:Good for them by BeanThere · · Score: 2, Insightful

      The exact same arguments apply to any kind of online publishing forum that allow individuals to post content --- there is nothing "special" about video. Therefore, by the same logic, I suppose you also believe that online forums such as slashdot should be required to vet every single post a user makes before it goes online, in case it contains anything illegal etc. In fact, what you're saying is that there should not be such a thing as a public publishing forum. In fact, you're defending fascism - maybe unwittingly through stupitidy or maybe maliciously, but the effect is the same. People like you give me the creeps, what a horrible world we'd live in if you had your way in the legal system. This is precisely why Thomas Jefferson said "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants".

  78. Re:first time ashamed of italy? wtf lol by DMiax · · Score: 0, Troll

    Thank you for adding a lol to that sentence, it shows how childish you are.

    It's not that I do not agree with the content. Italy is the most corrupt state, the less free for speech and criticism, probably the less technologically advanced and by far one of the worst economies in Europe. I will expatriate the day I finish my phd.

    But you can easily step down from your pedestal and shove your derision up your ignorant ass.

    For example, here in Italy the government has absolutely no control over the courts. There is not political statement in justice. They follow the law by principle and this is likely a case where the judges asked the parliament for modernizing the law. For example they have issued a very short conviction (under two years convictions are not served if you are uncensored).

    The fact that you (and many others) think Berlusconi has anything to do with this shows how ignorant you are. Berlusconi fucking hates judges. They are constantly prosecuting him for corruption. For this he is trying to put them under the control of the government. It is hilarious that for definitely killing justice and protecting corruption he is trying to implement the kind of system you have in mind (and probably in your country)... Maybe he should just rename corruption to lobbying and be done, like in the US.

  79. Google responsible ? by eddyk · · Score: 1

    Google makes money from those videos posted on Youtube.

  80. Re:firsta posta mamma mai! by IorDMUX · · Score: 1

    This is honestly the first time in my life that I am ashamed of my heritage.

    Hear hear.

    Though Slashdot's random inspirational quote is unusually appropriate:

    Never frighten a small man -- he'll kill you.

    --
    >> Standing on head makes smile of frown, but rest of face also upside down.
  81. My exp with the legal system has been good by SlappyBastard · · Score: 1

    In my time, every time I have had to deal with a judge, I've felt the actions taken and the course of events were fair and intelligent.

    While the US legal system is far from perfect, it deserves credit for the effort it makes to try to become perfect. Compare that to Italy's legal system, which is only slightly less fair than trial by ordeal.

    --
    I scream. You scream. I assume that means we're both acquainted with the problem. We proceed.
    1. Re:My exp with the legal system has been good by berashith · · Score: 1

      I agree with you completely, but there are outliers that occur on a fairly frequent basis that result in long slashdot discussions. I am proud that our process usually results in the right decisions when the fights are appealed through all of the steps, if the steps can be afforded. I dont know if Italy provides useful appeals that can correct this obviously bad ruling. I just do not feel obligated to feel better, when we may only be fairly even.

      I find it really funny that you are modded flamebait and I am a troll.

  82. Car Analogy by Anonymous Coward · · Score: 0

    The account holder is Toyota, and Google is the auto transport company.

  83. And the US elected and then Re-elected.... by cutecub · · Score: 1

    George W Bush.

    Check And Mate. USA Wins!

    -S

  84. Simple by Anonymous Coward · · Score: 1, Insightful

    I think anyone who's been watching Berlusconi's rise in political power, and the means he has employed to do so, and how he has used it to bouy his own media empire, would find it hard to believe he didn't have something to do with that clip appearing on youtube in the first place in order to spark the entire process.

    Look around, its not even the first time HE has pulled something like this, its just now he's employing the tactic against the net rather than his industrial competitors.

  85. you're all forgetting the most important thing.. by Anonymous Coward · · Score: 0

    links to the video.

  86. Re:firsta posta mamma mai! by BeanThere · · Score: 1

    This is honestly the first time in my life that I am ashamed of my heritage.

    I hope I'm not interpreting you incorrectly, but this gives the impression you don't feel that the previous actions of fascist Italy in recent history were shameful. I presume (and hope) that's not what you intended? (Honest question not trolling.)

    Frankly I think this Google incident (and apparently there are a number of other cases the Italian government are pursuing) reeks of fascism to me.

  87. Re:firsta posta mamma mai! by ircmaxell · · Score: 1

    I wasn't alive for the WW2 era fascism. And perhaps I'm not as up on international politics as I should be... If there are other events just as bad as this in recent history (as you imply), then I would be ashamed of that as well. I just didn't know about that before now... Thanks for bringing it to my attention!

    --
    If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
  88. Wrong by Anonymous Coward · · Score: 0

    Actually, Al Gore won the 2000 election.

    1. Re:Wrong by Anonymous Coward · · Score: 0

      No, I did!

  89. Not an issue, really by Anonymous Coward · · Score: 0

    The title is a bit misleading - it wasn't the executives of Google Italy, but the big boys at Google Inc. that were convicted. These individuals live and work in the U.S. , and they were tried and convicted in absentia. (source: http://www.dailymail.co.uk/news/worldnews/article-1253383/Italy-convicts-Google-executives-autism-bullying-video.html)

    If Italy wanted to actually punish these individuals, they would have to extradite them first, which I definitely wouldn't see happening, as it would be practically impossible to prove dual criminality and probable cause, both of which are required by U.S. courts.

    If the party bringing this action had really wanted to exact "justice" upon Google, they would have been better advised to make a civil case against Google Italy, whose assets are subject to Italian law. As it stands, though, this "conviction" has no actual effect, even if it were a death sentence, and is more of a public statement against Google than anything else. To think that the Italian judiciary believes that Web services are criminally responsible for the content that their users post, though, is still scary.

  90. Not "italian execs"... at least 2 are USA by jurgen · · Score: 1

    Of the 3 executives who were convicted only one could be called an "italian exec" (former Google Italy board member George De Los Reyes), the other two are David Drummond (Google's top lawyer) and Peter Fleischer (looks like he's an exec in charge of privacy) and are based in California.

  91. There is no fundamental right to not be offended. by RealTime · · Score: 1


    This is part of a larger problem brought on by movements such as political correctness (and by some racial, cultural, and religious groups) where people are developing a belief that they have a "right" to silence anything that offends them. This is completely counter to free speech.

    There is always the risk that some people will be offended when someone else is exercising their free speech rights. The person being bullied in this case could just choose to not watch a video that offends him or her. Governments turning into "nanny states" to prevent their poor, defenseless citizens from being threatened or offended by online content are going to have a real chilling effect on exercise of free speech, even in countries where supposedly that right still exists.
    </rant>

    --

    Yesterday it worked; today it is not working; Windows is like that...

  92. Thankful that the US has the CDA Section 230 by Anonymous Coward · · Score: 0

    Thank goodness the US has the CDA Section 230
    http://en.wikipedia.org/wiki/Section_230_of_the_Communications_Decency_Act
    In summary Section 30 "provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by others".
    It's time for the EU to have a similar law.

  93. Fuck you for not caring about the truth. by mosb1000 · · Score: 1

    Uh...no, they really were obviously innocent. There is simply no other way to interpret the physical evidence. And fuck you, by the way, for not caring about the physical evidence. That kind of thinking makes the world hell for many people living today.

    It's all well and good to say that they had wildly differing stories, or try to psychoanalyze their stories, but you've got to understand that everyone will act strangely when they are thrust into a situation they don't understand, because they are set up to fail. In the US, we claim that that you have a right to sit down with your attorney before you are questioned because you need to understand what is going on if you have any hope of acting appropriately.

    You are simply hypothesizing about what may or may not have been possible when you say "it is entirely possible for more than one person to participate in a murder." That hypothesis has no value in the face of the actual evidence, and facts in the case. You develop a hypothesis to explain evidence, you don't develop a hypothesis and then look for evidence. That's backwards, and it's what was done in this case.

    P.S. I am really sorry about the swearing, but your attitude about sending people, who were almost certainly innocent in the face of the facts, to jail because they acted strangely and changed their story is so morally repugnant and appalling to me that if I met you on the street I would probably punch you in the face. I am a pacifist, BTW.

  94. Re:firsta posta mamma mai! by mosb1000 · · Score: 1

    The evidence suggests she was present at the apartment, which is not at all surprising, because she lived there. It does not in any way suggest she was present in the apartment during the murder.

  95. evil powerful men abuse their powers they have by Weezul · · Score: 2, Informative

    Berlusconi hasn't stolen nearly the quantity that Bush stole, nor murdered nearly so many innocent people. I'm unsure however that Bush was actually quite so blatantly corrupt as Berlusconi.

    For example, I would compare the fact that Bush repealed the estate tax for 4 years with the fact that Berlusconi passed a two month tax amnesty for bringing money back into Italy from Swiss bank accounts.

    Bush's temporary repeal of the estate tax seems more like grand standing because rich people must actually die within those four years for their children to benefit. Berlusconi used those two months to personally move like 500M euros from his Swiss bank accounts back into Italy.

    Are these incidents comparable? I'd say both passed enormous other tax breaks for the rich, although perhaps Bush's were more onerous. We know both threw enormous sums of money towards their powerful corporate friends. Yes, Bush gave away vastly more money, but one should compare these numbers with the GDP, and shadow GDP in Italy's case.

    Italy isn't nearly so blatantly or aggressive in foreign affairs of course. In particular, Italy didn't transparently fake the justifications for invading another country while expecting the obviously fake justifications would improve their electoral chances.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  96. Nope. by mosb1000 · · Score: 1

    The reason we have stupid laws is because we have stupid and/or corrupt politicians.

    Nope, thanks to The Principle of Democracy(tm) we, the people, are responsible for our stupid laws. The US, congress as a whole, typically has an approval rating in the high '20s or low '30s, and voters are always saying we need to change 'em out. But if you ask them about their own representative, the approval rating is more likely to be in the '60s or '70s. The problem is that voters do not see past their own personal situation when voting, so they vote what's best for them. It is easy for them to see how they have been negatively effected by others' voting, but they fail to see how their votes have negatively effected others.

  97. Re:first time ashamed of italy? wtf lol by Anonymous Coward · · Score: 0

    Berlusconi has been prosecuted for 20 years by the same sort of judges. The government is all but involved in this stuff. It's only the judges. It is incredible how people misrepresents reality.

  98. Down's Parent by Anonymous Coward · · Score: 0

    As a parent of a child with down syndrome it honestly saddens me that nobody in this entire conversation of 300 odd has even mentioned down syndrome.

    I don't believe the Google executives should be convicted and sentenced, but any fine for Google is a drop in the ocean. Google put that video online for 2 MONTHS. It was their FAILURE TO ACT that is on trial here. I don't think for a moment that they can control what's uploaded, but they do have the responsibility to investigate a complaint about a video and remove it if the complaint is valid. They didn't do this in a timely fashion, and not doing so was negligence by management because they are ultimately in control of the process and systems that manage these complaints.

    Nobody will probably ever read this, I don't have the karma score to be heard, and that just saddens me even more.

    1. Re:Down's Parent by Tack · · Score: 1

      I couldn't help but notice that your argument has absolutely nothing to do with down syndrome, and would apply equally if the boy in the video didn't have it. That is, perhaps, why down syndrome has not been discussed much in the comments: the fact that the boy has down syndrome is incidental, and using it to support an argument is an appeal to emotion.

  99. I'm just saying..... by Anonymous Coward · · Score: 0

    The university I went to has a bulletin board people may post adds on. The adds must conform to a ToS and if they are objectionable will be taken down. The board is just a wall with thumb tacs.

    I heard the police wanted to sue the president of the university because some students thought it would be funny to xerox their butt and post it.

  100. Re:firsta posta mamma mai! by shutdown+-p+now · · Score: 1

    This is honestly the first time in my life that I am ashamed of my heritage.

    You shouldn't. Just because some other guy somewhere, who claims the same heritage as you (and it's a damn vague thing to define in the first place!), did something nasty, it does not in any way relate to you.

    I mean, do you feel ashamed of being human because of Pol Pot?

  101. Re:firsta posta mamma mai! by ircmaxell · · Score: 1

    It wasn't "just some guy". It was someone in a position of authority whom the people (by proxy of elected officials) have allowed to retain the position of authority...

    --
    If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
  102. Re:firsta posta mamma mai! by shutdown+-p+now · · Score: 1

    Doesn't change a thing, unless you were one of those people who voted, directly or indirectly, for this.

  103. How many errors in one sentence? by Anonymous Coward · · Score: 0

    Three Italian Google executives have been convicted of privacy violations in Italy over the contents of a YouTube video showing a boy with Downs syndrome being bullied

    According to the linked article, the Google executives are not Italian, it was a Google Video (rather than YouTube) video, and the boy was autistic (not Downs [sic] syndrome). If the article didn't say it, where the hell did the information come from?

    dom

  104. Re:firsta posta mamma mai! by peppepz · · Score: 1

    That by definition you are using this content to turn a financial profit.

    It's interesting to note that the video wasn't posted to YouTube, but on Google Video, which at the time did not contain ads.

  105. 2 MONTHS by Anonymous Coward · · Score: 0

    The video was available online for 2 MONTHS.

    Google makes money with ADS on Youtube.

    Therefore Google made money publishing that video.

    Youtube (owned by Google) is a CONTENT PUBLISHER. It must be subject to the same laws that applies to the other publishers.

  106. Sigh. OP did not read the linked article. by James+Youngman · · Score: 1

    The original poster didn't read the article carefully, I think. The executives were convicted in Italy, but they weren't Italian executives. In fact, they don't (or in the case of Reyes, didn't; he left) even work there.