Did Google Ignore A Takedown On The Italian Video?
from the making-things-a-bit-more-complex... dept
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.