Did Google Ignore A Takedown On The Italian Video?
from the making-things-a-bit-more-complex... dept
As the arguments continue over the Italian verdict convicting Google execs of criminal privacy violations for a video on Google Video, there is one interesting tidbit that’s now coming out. One issue is that the judge has only released the verdict, not the full reasoning — and that’s leading to an awful lot of speculation. But now, Stefano has alerted us to reports claiming that Google had received an earlier takedown request which it had ignored. Throughout the case, Google had insisted that within hours of receiving a takedown notice from the police, it had complied. But, apparently, the prosecutors are claiming that there definitely was an earlier takedown.
So now we go back to our post from last week about the law, and whether or not Google had sufficient notification for a takedown. Part of the problem appears to be that current EU law does not clearly state the process for a valid takedown. In the US, at least, with the DMCA, the process for what counts as a valid takedown and how it needs to be delivered is extremely clear. And that way you can guarantee what is, and what is not, sufficient notice that requires a takedown. In this situation, where the law is not clear, you are left with a problem of interpreting what counts as sufficient notification.
But that brings us to the second issue: even if Google was notified, but somehow missed the notification, does that then mean that it makes sense to convict three totally unrelated executives of criminal charges? It still sounds like that would be a massive leap. At worst — if we take as a given (and I’m not saying it’s true, but for sake of argument, let’s say it was true) that Google was sent a takedown notice which it ignored — I would think that it would make sense to fine Google and require it to have a clear process for handling takedowns. To go beyond that and criminally charge and convict three totally unrelated execs because it took a second notice to get the video taken down seems pretty ridiculous.