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Brazilian Judge Orders 24-hour Shutdown of Google and Youtube

_Sharp'r_ writes "Judge Flavio Peren of Mato Grosso do Sul state in Brazil has ordered the arrest of the President of Google Brazil, as well as the 24-hour shutdown of Google and Youtube for not removing videos attacking a mayoral candidate. Google is appealing, but has recently also faced ordered fines of $500K/day in Parana and the ordered arrest of another executive in Paraiba in similar cases." Early reports indicated that the judge also ordered the arrest of the Google Brazil President, but the story when this was written is that the police haven't received any such order (and an earlier such order was overuled recently). The video is in violation of their pre-election laws.

50 of 339 comments (clear)

  1. Pre-election laws by Mkaks · · Score: 2, Insightful

    Note that in this case it's about good censorship. Most countries on earth have these kind of pre-election rules to combat PR attack on the last hours of elections. Most sane countries have these laws. Since it's just 24 hours, it really just seems to ban it right before elections and is not some penalty on Google or Youtube. Google is intentionally breaking laws here and should be punished.

    1. Re:Pre-election laws by Anonymous Coward · · Score: 5, Insightful

      Don't you mean Google users?

    2. Re:Pre-election laws by Cornwallis · · Score: 5, Insightful

      Good censorship = censorship. Fuck you.

    3. Re:Pre-election laws by 91degrees · · Score: 3, Interesting

      Yes, but libel laws, prohibitions on death threats, and prohibitions on publishing government secrets are also censorship. Censorship itself is just a label. Calling something that doesn't automatically make it bad.

    4. Re:Pre-election laws by Xtense · · Score: 2

      I disagree whether the censorship is good or whether good censorship actually exists. I understand the existence of pre-election silence laws (though I may not entirely understand why they're there in the first place - wouldn't it be better to be able to inform yourself about whom you might vote on no matter the period of the voting process? But that's beside the point), but in this case local laws are used to enforce upon content hosted outside the country, which just isn't acceptable. You could make the tired argument that THE INTERNET DOES NOT WORK THAT WAY, but what actually bothers me is that the lawmakers have no idea what it actually is - i mean, what's to stop me from uploading the same video to every other video hosting site out there (other than personal convenience of course)? The Internet is NOT tv. The Internet is NOT radio. The Internet is NOT a centrally-governed and representable entity. Don't like it? Don't participate.

      --
      "We are the music makers, and we are the dreamers of dreams [...]."
    5. Re:Pre-election laws by N1AK · · Score: 4, Insightful

      I'm yet to speak to someone who spouts nonsense about all censorship being wrong who actually understands and accepts the consequences that come with it. You'll never talk them round because they've taken an ideological position, without real consideration, so they're not the kind of people who are going to accept a contrary, yet rational, position.

    6. Re:Pre-election laws by isorox · · Score: 2

      Don't you mean Google users?

      Youtube isn't a common carrier, it censors a lot of stuff.

      It's the same if CNN of Fox news broadcast this type of stuff during election day (which I assume is illegal in America)

    7. Re:Pre-election laws by Xest · · Score: 5, Insightful

      You are allowed to do exactly that, no one's stopping you, it's simply that there are consequences, this is not censorship.

      Censorship is the enforced blocking of information, it's the preventing of it even being broadcast which is exactly what's being asked for here.

      If this were the same as punishment for shouting fire in a crowded theatre then the judge would simply fine them for distributing false information or jail the person who posted it for libel etc. This is not what is being done though, this is outright censorship, and yes, it's bad.

    8. Re:Pre-election laws by sumdumass · · Score: 4, Insightful

      Several things here. Google has offices within the local jurisdiction making them culpable for violations of it. Google can likely restrict access to IP's outside the country like they did with that movie trailer thing a week or so ago. We know they have the ability and they have done it already.

      Nothing is to stop you from copying the video and posting it everywhere you can find. The companies that have offices within the country that has local jurisdiction will have to remove it or face the same problems as Google it. The services and companie who do not have local offices can ignore the mandates, law and so on unless they plan on visiting and/or opening local offices up within that jurisdiction in the future. Unless some sort of international treaty with a country they have offices within provides otherwise, Brazil can fine and issue arrest warrant all day long on people not within their jurisdiction and nothing can be done about it outside that unless the companies get within their jurisdiction somehow- invasion, treaty, visiting the country, opening shop within the country and so on..

      Now on to censorship. Please do not confuse the right to free speech with a mandate that someone provide you a platform or stage for that speech. If a company has offices in a country and doing business within that country, they are obliged to follow the local laws of the country. If that means blocking access to a video on their servers or removing it entirely, then they have to do it or suffer the penalties of breaking the laws. Google already censors a lot of stuff voluntarily- Google already complies with local laws in certain area they have offices in. It's not a big deal for them to comply with this.

    9. Re:Pre-election laws by Xtense · · Score: 2

      So what you're saying is that i could upload some anti-government stuff onto Youku or whatever is China's Youtube equivalent and the company would be liable just by virtue of residing in the local jurisdiction, even if the country of origin of the upload and the hosting servers themselves were outside the country?

      Unacceptable.

      I understand how it works NOW, but to me this is a critical case of legal vacuum, where current laws do not accurately reflect reality - punishing the carrier for something that is expressly legal where the service is provided (and the service is hosting video, which you then download for viewing. Accessing the video is something your ISP does, since that means connecting to the Internet) rather than the content creator/uploader is counter-productive, while banning access to the content provider also targets legitimate users. Penalizing a company which happens to host the content just because it has offices in your country is wrong, since they are penalizing them for a crime they did not, in actual fact, commit, that is - hosting an infringing video on the territory of Brazil.

      That said, it works both ways - downloading some content and putting it up outside of the original jurisdiction switches the law's applicability to the exact place where the content is hosted, NOT where it is accessible from. If I suddenly decide to rehost some pirated movies, there is no law from the originating country that can be applicable in this situation - only local laws.

      --
      "We are the music makers, and we are the dreamers of dreams [...]."
    10. Re:Pre-election laws by 91degrees · · Score: 5, Insightful

      It's the same if CNN of Fox news broadcast this type of stuff during election day (which I assume is illegal in America)

      This is not the case. The US has possibly the strongest protection of freedom of speech in the world, and any such law would be in violation of the constitution.

      But most other countries do consider freedom of speech to be a right that should be balanced with other rights. A fair election being one of them, and the belief that public criticism of a candidate without adequate time for the candidate to address the accusations would violate this right.

    11. Re:Pre-election laws by ScentCone · · Score: 5, Informative

      I've never heard of a law prohibiting the reporting of news or running of ads in the US close to elections

      Then you missed out on part of McCain-Feingold, which did ban some speech along those lines. That's part of what the supreme court recently found to be unconstitutional: muzzling communication like that runs very contrary to one of the founding principles of our constitution. The law allowed, for example, a business like General Electric or News Corp (which both run media outlets, though of different political orientations) to use their editorial voices to communicate about candidates and ballot issues right up through poll closing - but prohibited others (like you or me, or groups we might join, like the NRA or Greenpeace and the like) from doing the same. Completely capricious, and justifiably shot down in the court. But it was the law of the land for a while there.

      --
      Don't disappoint your bird dog. Go to the range.
    12. Re:Pre-election laws by TemperedAlchemist · · Score: 2

      Yes.

      Because that's the price of freedom, and I'm not willing to sacrifice my freedom for any of that temporary safety. Don't get me started on free speech zones and other egregious acts the US government, of all entities, has done to grind the gears of the constitution's spirit of the law. "If we can't remove them, let's just water them down," sort of thing.

      Or should we prohibit anyone from speaking a dissenting opinion than the governments, because think of all the people that could be hurt by those words. Never mind that our system of law holds people accountable for their actions and affirms they have the ability to choose: my shouting fire in a crowded movie theater forced those people to trample over that girl.

      Oh, and people don't have to shout fire in a crowded movie theater anymore -- that's why we have fire alarms.

    13. Re:Pre-election laws by zill · · Score: 4, Informative

      How else are you going warn everyone about the theater fire?

      Justice Holmes' exact words were " falsely shouting fire in a theater". Please get it right next time.

    14. Re:Pre-election laws by L4t3r4lu5 · · Score: 2

      Because that's the price of freedom, and I'm not willing to sacrifice my freedom for any of that temporary safety... Oh, and people don't have to shout fire in a crowded movie theater anymore -- that's why we have fire alarms.

      What about when your "freedom" has a direct impact on my safety? If you yell "Fire!" in a crowded theatre, there is panic and people fight to escape. People been trampled to death trying to escape. You also fail to address the point that it is completely legal to shout "Fire!" in a theatre if there is indeed a fire.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    15. Re:Pre-election laws by WGFCrafty · · Score: 2

      How else are you going warn everyone about the theater fire? Justice Holmes' exact words were " falsely shouting fire in a theater". Please get it right next time.

      Falsely yelling fire in a crowded theater has traditionally been charged as libel due to emotional and monetary damage to the usually quite distraught theater.

    16. Re:Pre-election laws by DanielHC · · Score: 2

      Good censorship = censorship. Fuck you.

      As a brazilian, I second you. The laws this judge is applying are the same that, in past elections, prohibited comedians to make jokes about candidates. It's just plain stupid censorship.

      --
      Pick it Up!!
    17. Re:Pre-election laws by pla · · Score: 2

      Google is intentionally breaking laws here and should be punished.

      BS. "Google" has not, intentionally or not, done anything here. Some Brazilian citizen has chosen to violate their laws, try going after the actual problem.

      Consider this from a slightly different angle - If Google had no official presence in Brazil, how would this headline read? Hint - More along the lines of a Great Firewall style pissing-in-the-wind, than some sort of BS "arrest the messenger" attack on free speech.


      Dear Brazil (and every other government on the planet) - Welcome to the Internet: Not yours to shut down. Have a nice day.

    18. Re:Pre-election laws by jbolden · · Score: 2

      It's the same if CNN of Fox news broadcast this type of stuff during election day (which I assume is illegal in America)

      You would be assuming wrong. CNN or FOX can have a 24 hour presentation where they openly advocate for any candidates they want and say just about anything they want. The protections regarding political speech in the USA are very strong.

    19. Re:Pre-election laws by gwolf · · Score: 3, Insightful

      Right. There are many fundamentally broken things in the USA democracy - Funding and advertising is one of them. Most countries I know of have strict laws regulating who can fund a party, what are the tops for funding - And how can that be spent. Most countries also require a given period (here in Mexico, 72 hours) before the election where no advertising can be made. Campaigning is over, and it should not distract the citizen - This is done in part because of past experiences where i.e. rallies for party X were conducted in areas that would vote for party Y, making it hard for voters to reach the booths.

    20. Re:Pre-election laws by jbolden · · Score: 4, Informative

      McCain-Feingold never prohibited speech by existing media at all. It had some prohibitions on paid speech. We have strong protections for people lobbying congress and strong laws against bribery. Paid and free speech have never been treated the same.

    21. Re:Pre-election laws by Anonymous Coward · · Score: 2, Interesting

      But that's not the case. Here in Brazil censorship is becoming common when politicians are involved. In 2009 one of the largest newspapers in Brazil was prevented from publishing news about a police operation against the son of the President of the Senate Jose Sarney. His son, Fernando Sarney. His son, Fernando Sarney, investigated for corruption is not politician and 2009 was not a electoral year, but a federal judge blocked the newspaper Estado de Sao Paulo to publish news about the police investigation. http://pt.wikipedia.org/wiki/Opera%C3%A7%C3%A3o_Faktor

    22. Re:Pre-election laws by wisnoskij · · Score: 2

      So we have freedom of speech laws so that you can say anything that everyone agrees with?

      How does this differ from 1,000 years ago? Did they just randomly outlaw accepted words and phrases then? Or do you think it is possibly that the founding fathers put in freedom of speech to protect speech that many would disagree with, that many would find horrible?

      --
      Troll is not a replacement for I disagree.
    23. Re:Pre-election laws by Xylantiel · · Score: 2

      But it is always possible to sufficiently disguise paid speech as free. The Citizen's United case was about a propaganda film disguised as a for-profit movie. The promoters just exhibited it at a loss, but it was structured as a for-profit show. So how does one go about "proving" speech is paid in these corner cases? I think paid speech is what is fundamentally wrong with the US democracy, but there is an argument to be made that it is simply not workable to restrict it. The electorate just has to figure it out. As the grandparent post points out, Fox news can just pretend to be legitimate news and get away with extremely biased and manipulative crap. To some degree Citizens United just acknowledges this as a fact of life.

      or to say it another way: Never believe what you see on TV. (i.e. what someone else paid money for you to see -- even if its not an ad, it is advertiser-supported).

    24. Re:Pre-election laws by SaroDarksbane · · Score: 4, Interesting

      I'm yet to speak to someone who spouts nonsense about all censorship being wrong who actually understands and accepts the consequences that come with it.

      Then let me be the first: There should be no criminal penalties on any speech, information, or data transmitted from anyone, to anyone.

    25. Re:Pre-election laws by MacGyver2210 · · Score: 4, Interesting

      Basically, you're saying you think censorship is valid in some circumstances? Such as what? Anti-muslim hate videos? Electoral accusations? Videos that disagree with the state's point of view?

      Who gets to decide these circumstances? The president, the king, you?

      Sounds like a dictatorship to me.

      --
      If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
    26. Re:Pre-election laws by serviscope_minor · · Score: 2

      I'm yet to speak to someone who spouts nonsense about all censorship being wrong who actually understands and accepts the consequences that come with it. You'll never talk them round because they've taken an ideological position, without real consideration, so they're not the kind of people who are going to accept a contrary, yet rational, position.

      What you are ignoreing is that you are also arguing from an ideological position. You believe that either free speech is not that or important, or some things are more important. Either is a position of ideology. Such arguments will always come back to ideology in the end.

      About the only time you can convince a *rational* person to change their views is to successfully argue that their point of view contradicts their own ideology. For example you might show that their ideology in one area may cause unintended consequences which go against what they believe in another area.

      But your arguments amount to saying "your ideology is silly". That may very well be true, but don't expect to win anyone around.

      --
      SJW n. One who posts facts.
    27. Re:Pre-election laws by fustakrakich · · Score: 2

      Paid and free speech have never been treated the same.

      And that is bullshit. They should be treated the same. Speech is speech, nothing more.

      --
      “He’s not deformed, he’s just drunk!”
    28. Re:Pre-election laws by gwolf · · Score: 2

      The rules have been created in the last 20 years - that's roughly the period where a viable democracy has been seriously considered by the government. So, yes, there are many things not to be imitated in Mexico. There are many that are worth checking out. For instance, AFAIK (and I have done my fair bit of reading) the USA's electoral college system is unique in the democratic world, and it is the main responsible that the USA has a two-party system where no third voice is ever heard (and the two important parties tend to lean towards the center, being almost indistinguishable between them).

      A 100-year-old dual party system is not what I'd call democracy either ;-)

    29. Re:Pre-election laws by fustakrakich · · Score: 2

      Bribery is not speech. It's a payment for expect service. You nail the guy who accepts the bribe. And even then, only be removing him from office.

      I'd say you might want to get some experience with what bribery does to a society.

      It permeates throughout... Some places worse than others. The politicians are a mere reflection of that. Don't expect anything to change as long as it is rewarded so well.

      --
      “He’s not deformed, he’s just drunk!”
    30. Re:Pre-election laws by SaroDarksbane · · Score: 4, Informative

      But hey, that's ok right?

      It's not okay, but it also shouldn't be criminal. You can be opposed to someone doing something and also not want it to be criminalized (see: drug war).

      But you said it should all be free... I'm confused...

      Why? Because you wrongly assumed I would be outraged by your scenario? I am not.

      So I reiterate: There should be no criminal penalties on any speech, information, or data transmitted from anyone, to anyone. What else ya got?

    31. Re:Pre-election laws by isorox · · Score: 3, Informative

      It's the same if CNN of Fox news broadcast this type of stuff during election day (which I assume is illegal in America)

      You would be assuming wrong. CNN or FOX can have a 24 hour presentation where they openly advocate for any candidates they want and say just about anything they want. The protections regarding political speech in the USA are very strong.

      Interesting.

      Certainly in the UK, once polling opens that's it for anything political. No exit polls, no party political broadcasts, and very guarded reporting from journalists.

      But then we don't have a (broadcast) media that openly campaigns for specific parties. We don't have political advertising either, at least not monetary advertising (parties get fair broadcast time based on how "major" they are)

      The newspaper industry often takes sides (It's the Sun wot won it), but the broadcast industry is a haven of impartiality compared with the U.S. media (but then our TV in general is much less eye-clawing)

    32. Re:Pre-election laws by MrSenile · · Score: 2

      So I reiterate: There should be no criminal penalties on any speech, information, or data transmitted from anyone, to anyone. What else ya got?

      I'll reiterate as well.

      Freedom of speech ends the moment it involves lies, slander, and libel. To support otherwise makes you a closet sociopath.

      We have no right to say and do anything that may directly affect others without any concern of consequences. Look up the definition of sociopath. How does that work for you?

    33. Re:Pre-election laws by MrSenile · · Score: 2

      I have no problems as long as you accept the consequences to speech, especially if it includes libel or lies. When there are consequences to speech, it is no longer, in effect 'free'. Maybe free as in beer, but not free as in free.

      What you were saying was that you wanted absolute free speech with no consequences. I can't agree with that as, by definition, that actually is sociopathic behavior. It would also lead to the unfortunate inclusion of physical reactions since people, as a whole, do not have a comfort zone on verbal alone. Our long history proves that.

      As long as you acknowledge there's consequences to anything one may say, and accept them, I'm good.

      Thanks for the religious and hitler comments, amusing, if not overly accurate.

  2. I'll throw my mod point away there is good censors by aepervius · · Score: 3, Informative

    case in point pornography is recognized as to be limited to certain class of ages, and various type of media are limited by ages. Also you can't yell fire in theater, another good type of censorship and similar. Finally libel laws are certainly limitation and therefor censorship of some type of speech, and in some country if you swear and insult a policeman you can get fined. In such a case , the censorship is to make sure *everybody* is on the same level shortly before the election, without a media blitz. Such law exists actually in many country. So yeah your insinuation that there is no good censorship is noted but completely ridiculous.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  3. Re:Brazil can censor this by cheros · · Score: 4, Insightful

    Nope. This is (yet again) about a US company trying to pretend that only US law applies as soon as they enter another country. Google is just the most visible example of that, and I support this decision.

    If you want to sell services in a country and generate revenue, you damn well have to follow the local laws there or get fined. Simple.

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
  4. Obligatory by Xtense · · Score: 4, Insightful

    I hate trotting out this quote every so often, but...

    "As the Americans learned so painfully in Earth's final century, free flow of information is the only safeguard against tyranny. The once-chained people whose leaders at last lose their grip on information flow will soon burst with freedom and vitality, but the free nation gradually constricting its grip on public discourse has begun its rapid slide into despotism. Beware of he who would deny you access to information, for in his heart he dreams himself your master."

    Commissioner Pravin Lal
    "U.N. Declaration of Rights"

    From Sid Meier's Alpha Centauri.

    --
    "We are the music makers, and we are the dreamers of dreams [...]."
    1. Re:Obligatory by guises · · Score: 2

      I don't know about this particular law, but laws regarding promotional material for elections (or defamatory material) are generally there to help prevent corruption. Same applies to campaign finance, which is essentially the same thing. If you're an American in the last few years after Citizens United, you've seen how quickly things can go south when the gloves are completely removed.

      It's nice to have an absolute ideal to quote and strive for, but the absolute usually fails in the real world.

    2. Re:Obligatory by Xtense · · Score: 3, Interesting

      We have almost exactly the same laws as Brazil over here in Poland regarding the pre-election period (the so-called "Electorial Silence", where no campaigning is permitted). Since recovering from the USSR, the only thing this law was good for is getting the tv and radio to STFU. Meanwhile, corruption during this period ran rampant - the currently ruling party was almost always running its shady business during this period, while the opposing parties were buying votes and otherwise screwing with the voting process. They were caught multiple times, but due to the law, it was forbidden to report on it during this period.

      So no, I don't think this is actually a very good law.

      --
      "We are the music makers, and we are the dreamers of dreams [...]."
  5. That's how you deal with Big Business by captainpanic · · Score: 4, Insightful

    Good job, Brazil: If they don't listen to the law, give them a fine high enough that it's relevant, and arrest the responsible people.

    I'm not choosing sides whether this is good or bad censorship. I'm just delighted that they have the balls to stand up to large companies. Not every country does that... and in almost every case the responsible management get away with it without any punishment. Most punishments are fines, which will just slightly reduce profit. Arresting the management might get their attention.

    1. Re:That's how you deal with Big Business by TheDarkMaster · · Score: 2

      I would like to agree with you. But as a Brazilian I am sorry to inform you that it is merely another case of our judges who think they are gods and wanting to show who is the boss (but without the necessary competence to do so). If the case involved a "mere ordinary mortal" like me, they would not do anything about

      --
      Religion: The greatest weapon of mass destruction of all time
    2. Re:That's how you deal with Big Business by BadgerRush · · Score: 2

      The moment this “specific Brazilian Google President” chose to violate a court order to keep an illegal video online he is responsible.

      The same way, if someone advertised illegal stuff (lets say drugs) on ebay, and they refused to take it down even after a court order, they would be breaking the law and facing arrest as well.

    3. Re:That's how you deal with Big Business by bloodhawk · · Score: 4, Informative

      Arrest the responsible people? Did Google produce the video? Did the specific Brazilian Google President produce the video personally himself and post it on his own Youtube account?

      No.

      The responsible people are those who produced and uploaded the video. Not Youtube.

      There is nothing inherently illegal with the video, however most countries in the world have very specific laws around advertising just before an election and all forms of media need to comply with those laws, it doesn't mater who produced it, what matters is that google refused to remove it in a timely manner. In most western countries this is actually considered a pretty severe breach of advertising and election laws that can result in criminal prosecutions.

  6. World bank disagrees by Kupfernigk · · Score: 4, Informative

    Brazilian GNP - as sourced by Google.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    1. Re:World bank disagrees by gwolf · · Score: 3, Interesting

      The leftists took over in January 2003. Before 2003, Brazil's economy was just average, being the giant poor country. After Lula da Silva's two periods and half of Dilma Roussef's first, Brazil is *the* Latin American giant. Its currency is the strongest in the region, and its GNP growth is unrivalled. So, "punishing success" and this "change in policy" that is yet to show up in economic numbers... I'm sorry, you are somewhat mistaken.

    2. Re:World bank disagrees by FrangoAssado · · Score: 2

      You make it sound like the economy was shit before Lula took office in 2003, and he fixed it. But anyone who lives in Brazil knows this is not true.

      Brazil's current economic situation started to take shape in as early as 1994 with Plano Real. With inflation under control and general stabilization, companies started investing in the country, and the economy started growing a lot. That was slowed down a lot by the economic crisis in Argentina around 2000 -- Argentina is a really important trade partner for Brazil (and even more at the time). Still, the economy kept growing and the situation kept improving way before Lula was elected.

      It's true that Lula's and Dilma's government were mostly successful for the economy, but to say they're solely responsible for the relatively good current economic situation of Brazil is a flat-out lie.

  7. Re:I'll throw my mod point away there is good cens by Anonymous Coward · · Score: 2

    "case in point pornography is recognized as to be limited to certain class of ages, and various type of media are limited by ages"

    That doesn't mean any of this is actually good though. It's such a controversal subject that no one's really got the balls to study it, but those that have have suggested that just as controlled provision of drugs to addicts is a better way to ween them off it than simply trying to ban the substance outright, that working with paedophiles and controlling their access to this sort of information, and similarly allowing kids access to age restricted content are better than prohibition.

    What is actually a better idea is spending those resources that are otherwise spent enforcing this sort of thing going after those producing the content in the first place - i.e. actually catching cold hard child abusers and those who fuel the industry by profiting off of it rather than those who simply consume it. Spending those resources actually protecting children is a far superior option to wasting money censoring it with no demonstrable positive effect despite much money being spent lobbying that there is. As there's no evidence that viewing content does actually make you more likely to commit a crime based on said content, what do you think is better? Allowing those people to view that content free on the internet, or forcing them underground where they actually have to give money to people who profit off said content and hence driving the production of said content causing real actual harm to the people who suffer from it?

    It's the same with copyright, the music industry claims that downloading MP3s funds terrorism and organised crime but that's exactly backwards - preventing people downloading MP3s means they'll just buy their music cheap from dodgy backstreet dealers where the money genuinely does go to organised crime and terrorism.

    Your argument is based on the assumption that laws we have are exactly right, and are the best and only way to deal with some of societies issues, but that assumption seems almost certainly likely to be false.

    I'm not against encouraging people not be stupid - i.e. shouting fire in a crowded theatre by fining/jailing them, but that's not censorship. They're allowed to do it, they're just encouraged not to by ensuring there are consequences and there IS a subtle difference between outright censorship, and nudging people towards censoring themselves whatever people say.

  8. Re:I'll throw my mod point away there is good cens by erroneus · · Score: 4, Interesting

    Pornography. I'm still not so sure pornography is bad.

    We like to watch entertainment of the things we like or are interested in. We watch food shows. No one has a problem with that. We watch beauty contests. No one... okay, 'few' have a problem with that. Olympics? Fishing? Golf? Fighting!! You name it; if someone likes it, there's a form of entertainment which will be produced about it. But because it involves sex, a rather basic and extremely universal pleasure in the animal world, we have to say "oh no..."

    What we fear, dislike or disapprove of about sex has more to do with religious and social values than anything else. Remove those from the equation and you will see less "forbidden fruit." Suddenly people aren't making unsubstantiated claims like "it harms children!" You know what harms children? Curiosity which isn't managed by adults. Knives, fire, fireworks, guns, heights, roads and streets... sex isn't quite as dangerous as any of those other things and yet somehow we are more concerned over whether or not they know what their 'things' are for than just about anything else.

  9. Re:shouting fire by tolkienfan · · Score: 3, Insightful

    That argument it stupid.

    The point is that some kinds of speech can incite panic and if done for nefarious purposes should be legally limited because the benefit of such a limit outweighs the harm.

    Claiming that the people who panicked would be at fault is ridiculous: suppose someone yelled "Sarin!" in a room full of biochemists... They would be RIGHT in assuming they were in immediate mortal danger.

    What's the BENEFIT from protecting such speech?

  10. Re:Brazil can censor this by alexgieg · · Score: 2

    Oh, so your inability to understand the laws is then an excuse to simply ignore them?

    Actually, here in Brazil people ignoring a law is usually reason enough for it to start being ignored by law agents too. This is so common we've even developed a language expression for these cases: "The law on 'x' hasn't caught." In fact, in cases were the government is really adamant about getting people to start following a certain rule, they go about approving a similar law a few more times over a wide time span, so that one can say something to the effect of "the law on 'x' finally caught on the fourth attempt, 6 years after the previous one and 43 years after the first". And then it sometimes also happens that a law goes out of fashion for a few decades, then "caughts" again, etc.

    So, anyone, business owner or not, has a fair chance of having his ignoring of a law he thinks dumb validated if enough other people follow suit. Sure, he might be unlucky enough to be chosen as an example by the government when it's trying to make the law to catch. But most often than not it won't.

    There's one exception to this though: tax law. When it comes to getting money, almost nothing, not even street riots, will cause the government step back. Those are almost the only laws that "catch" no matter what.

    Also, in regards to the OP's mention of Brazilian laws clusterfuckery nature, I'll give you one example. There are two main taxes on manufactured goods here, a Federal and a State ones. The mix and match of laws has made it so that you must pay the State one over the sum of the good's price plus the Federal one, *and* you must pay the Federal one over the sum of the good's price plus the State one. Yes, they iterate recursively, so that to find what you actually owe in Federal and State taxes for the good you're selling you have to apply a "lim 0->inf" over the thing. Try to explain *that* to an illiterate baker...

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    Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.