Incredible: Google Execs Found Guilty Because Of YouTube Video; Given Six Month Suspended Sentences

from the legal-world-gone-mad dept

This is just downright ridiculous. We see all sorts of jaw-dropping legal rulings around here, but I still can't fathom how Italian law allowed the following case to be decided in this manner. As you may recall, a couple years ago, Italian prosecutors filed criminal charges against four Google execs. What was the crime? Apparently, some kids had taunted another boy with Down's Syndrome, and filmed the whole episode. In the video, the kids apparently threw a tissue box at the boy. They then uploaded the video to YouTube, along with the countless other videos uploaded to the site. Nearly a year ago, YouTube noted that 20 hours of video are uploaded to the site every minute. To think that Google should automatically have knowledge of what's included in every video uploaded to YouTube is ludicrous.

But it's even more ridiculous when you realize the full story. Within hours of Google being alerted to the problems with the video, the video came down. In other words, the company acted promptly when questions about the video were raised. But, even more importantly, the video itself was used as evidence to punish the taunting teens. Now imagine if they hadn't been able to upload the video. Then the kids likely would have gotten away with the taunting, without anyone knowing about it. Why would you ever want to blame Google for providing a tool that allows stupid people to give proof of their own illegal activities? And even then, rather than filing a suit against Google the company, Italian prosecutors chose to file the lawsuit against four execs at the company, most of whom had nothing to do with the company's Italian operations.

You might think that a judge would toss this sort of lawsuit out really quickly, but that didn't happen, and now, amazingly, the court has found three of the four execs to be guilty and given them six month suspended jail sentences. I vaguely remember reading that "first time offenders" given prison sentences in Italy of three years or less get suspended sentences, so the suspended sentence part isn't surprising. But, of course, given how many videos are uploaded, it seems likely that there will be second, third and further offenses of this nature as well. It seems like Italy has just suggested Google block all access to YouTube, while also increasing the liability for pretty much any other company to operate there or have any foreign execs visit the country.

Honestly, I can't see how anyone would make a ruling in this manner and think that it makes sense. As I said when the case first came up, you would think that suing the execs of the company that made the tissue box would make more sense than suing Google's execs. Why not charge the execs of the company that made the camera that was used to film the incident? It's hard to hear about this ruling and not consider the Italian legal system to be a joke.

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  1. identicon
    don't care, 24 Feb 2010 @ 6:42am

    Re: Re: pffft

    it is a dumbed down version of tv. without the regulations to protect those that can not protect themselves. being a parent of 2 boys and a hands on mental health worker, if i was to find out that someone had posted the torture,(mild or otherwise),of my son on that site. no. there has to be someone to regulate it. you can not tell me that more than a few of the kids that do beat on each other don't do so, or at least continue, because they are encouraged to do so by the thrill of being posted on youtube. as someone that works in mental health i know as fact, that the stigma can stay for life or in the most extreme cases cause someone to end their life. i know that youtube can be(rarely) enjoyable, but with cyber bullying rising at such an exponential rate, and children killing themselves over that, then something has to be done. now as to the poor downs syndrome child that was hurt, the fool that wrote the story above doesn't consider the fact that it may have happened because of the opportunity these kids had to have there 15 seconds of fame. i think that when you post it must be traceable in the least or otherwise regulated as is tv so that those that need it can be protected.

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