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. icon
    Chronno S. Trigger (profile), 24 Feb 2010 @ 9:15am

    Re: Re: Re: Re: Re: pffft

    If a note was written that was hurtful, would you blame the person who passed the note? They have the ability to monitor everything that comes into their possession. Hell, it'd be easier then the insanity you ask of Google.

    Do you blame the Department of Transportation for speeding or car crashes? It's physically possible for them to prevent every single one of those, but it's exactly as unreasonable as what your asking of the entire Internet.

    My point being, cyber bullying is the exact same thing as bullying. You ask why take the cyber out of bullying, I say, why add it in the first place. It's the same thing on a different medium. Pretending it's anything else is still taking the blame off of those truly responsible. It's a step that says to these bullies that it's OK, it's not their fault, they did it because of Youtube. And just because you drew the line at blaming the passer of the note doesn't mean anyone else will.

    Do you ask that Mike censor my comments because I called you wrong? What if someone else found my comments to you offensive?

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