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Italy Moves Forward With Plan To Prosecute Google Execs Over Online Video
from the bad,-bad-precedent dept
Earlier this year, we were somewhat stunned that prosecutors in Italy would be charging four Google execs with criminal charges, because some kids had posted a video of themselves taunting a boy with Down Syndrome on Google's Italian video hosting site. The execs in question obviously had absolutely nothing to do with the video. The kids who filmed and uploaded the video have been charged separately, and it makes absolutely no sense to then charge executives at the company that provided the tool. Why is Italy not also charging the executives of the company who made the mobile phone that was used to film the video? Or the executives of the ISP that was used to upload the video? Or the administrators of the school where the video was filmed? Any of those would make just as much sense as suing Google execs.
We had hoped that, perhaps, an inkling of common sense would come into the proceedings, but instead, it appears that the Italian prosecutor is moving forward and demanding the execs appear in court for a trial starting early next year. If this moves forward, it sets a horrible precedent, effectively allowing prosecutors to blame just about anyone who is tangentially connected to a crime. It's a travesty of justice, and the Italian justice system should be ashamed that it's even gotten this far.
We had hoped that, perhaps, an inkling of common sense would come into the proceedings, but instead, it appears that the Italian prosecutor is moving forward and demanding the execs appear in court for a trial starting early next year. If this moves forward, it sets a horrible precedent, effectively allowing prosecutors to blame just about anyone who is tangentially connected to a crime. It's a travesty of justice, and the Italian justice system should be ashamed that it's even gotten this far.
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It will, of course, achieve nothing. It's so stupid that it's doubtful that the execs named (assuming they're US-based) will even grace the country for the "trial". If a default judgement is made and the execs found "guilty", it will stifle communications development in Italy and make multinationals think twice about doing business there at all.
Plus, in the greatest irony, it's unlikely that the crime would ever have come to light if it *hadn't* been uploaded to Google. It's idiotic, wasteful and harmful action.
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What does this have to do with this situation? Well now that the criminals have been charged, who's left to sue but the manufacturer of the video site.
In all honesty, I think they're grasping at straws with that one knowing very well that if they do proceed with this, Google may settle (which I guess is what they're hoping) which would get them quite a pretty penny.
Do they have a case? eh... hard to say... should a video hosting site be held responsible for the content posted? I suppose it depends on their terms of service and the action they take towards content like that. I know that on any individual's PERSONAL website, they are generally held responsible for the content whether they posted it or not.
Also, don't laugh at this too quickly. Look at all the torrent hosting sites out there. They may not have posted the content themselves, but more often than not they face legal reprimand for simply hosting the content. Is this situation so different?
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Now if uploading a video of a crime is a crime, that's a different story.
One has to wonder why they think they have a case.
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Re: Re: J. Cormier
If it was not for them, the instrument of death would have never existed, and I'm fairly certain an old CRT could do plenty of damage. Even if it wasn't "original intent," most weapons aren't manufactured with preemptive strikes in mind, more self defense.
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Different justice systems...
Clearly, in this case, the judge has decided that there is, and as such, has ordered the relevant people to appear in court where another judge (or a panel of them) will hear the case and decide the verdict.
The law in Italy is pretty strong on personal privacy, largely because the politicians don't want their dirt getting a public airing.
However AFAIK the EU regulations on this issue take precedence, but that's gonna be for the judges to decide when the case is heard.
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While the video is on the phone only, those nasty kids can only share this with only a few friends at a time. YouTube humiliates that poor kid in front of the whole world. That's a huge difference.
It's not rocket science, is it?
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The camera phone manufacturers are just as guilty as the Google execs, that is, not at all.
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Sue the state!
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system of jurisprudence
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Re: system of jurisprudence
This is a criminal charge, not a civil lawsuit.
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just leave italy
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My name is Alfredo, and I'll eat pasta with every single one of you. All of you are machisimo, panzerelli, meatballs who spend every second of their day looking at pictures of pizza. You are everything prego in the world. Honestly, have any of you ever gotten any breadsticks? I mean, I guess it's fun making frozen pizza because of your own inabilities to cook a spicy meatball, but you all take to a pasta fasul. This is even worse than baking a cannoli.
Don't be a Greek. Just hit me with your best red sauce. I'm pretty much perfect. I was captain of Bertuccis, and head chef at the finest Italian restaurant in New York. What kitchens do you work in, other than "McDonald's"? I also get straight pasta, and have a banging hot pizza oven (It just finished baking pasta shells; Shit was SO flavorful). You are all paisanos who should just go eat Mexican food. Thanks for listening.
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Italian Justice?
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The Need for a Low Threshold
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This right here...
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They should thank Goggle
I think prosecutors the world over have become so ambitious to the point that they are hurting society. Especially when you consider that an accusation of a crime is almost as bad as actually committing a crime, due to the fact that news can now travel the world over in mere hours.
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(It's thought that the jeans are too tight for a rapist to remove without her help)
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