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(The New York Times)   Italian court finds Google violated privacy. Xeni Jardin and 3 others liked this. View all 5 comments   (nytimes.com) divider line 137
    More: Dumbass, Xeni Jardin, guilty verdicts, suspended sentence, Italian, online videos, chilling effect, Milan, Google  
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10564 clicks; posted to Main » on 24 Feb 2010 at 8:06 AM (4 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



137 Comments   (+0 »)
   

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2010-02-24 08:09:08 AM
Yeah, blame google, that's the ticket. Enjoy having no online video ever again, Italy
 
2010-02-24 08:09:32 AM
Prosecutors charged that the videos violated Italian personal privacy protections, and said they were removed only after complaints from Vivi Down, an Italian organization representing people with Down syndrome, whose name was mentioned in the videos.

They only remove things as quickly as they're complained about? Those bastards! How dare they not know the name and condition of every living person shown in their videos!
 
2010-02-24 08:09:37 AM
Stupid wops.
 
2010-02-24 08:09:56 AM
Youtube has a "like" feature?
 
2010-02-24 08:11:42 AM
/fifth.
 
2010-02-24 08:13:34 AM
This is stupid, but this is kind of awesome:

Italian law holds corporate executives responsible for a company's actions, received six-month suspended sentences.
 
2010-02-24 08:15:06 AM
Guido Thread?
 
2010-02-24 08:15:31 AM
Asteroth: Stupid wops.

How can they be WOP's if they're still in Italy? Don't they technically have to be in America first?
 
2010-02-24 08:17:47 AM
Trying to understand how the judges logically came up with their answer is making my head hurt.
 
2010-02-24 08:19:08 AM
mantabulous: This is stupid, but this is kind of awesome:

Italian law holds corporate executives responsible for a company's actions, received six-month suspended sentences.


All depends on how they use it, and apparently they use it like some kind of autistic kid getting beaten up.

/On video, that is
 
2010-02-24 08:20:40 AM
In other internet news - they mentioned 4Chan on Jeopardy last night.
 
2010-02-24 08:21:10 AM
mantabulous: This is stupid, but this is kind of awesome:

Italian law holds corporate executives responsible for a company's actions, received six-month suspended sentences.


So how does one explain Berlusconi...

/Stupid country...
//Pull out, Google, pull out. Let's see them try to live without you!
 
2010-02-24 08:21:37 AM
It's a Court in Italy. How they manage to get anything done with all those kangaroos jumping around is beyond me.
 
2010-02-24 08:23:29 AM
So if I were to walk onto a Fiat car lot and show a photo of Silvio Berlusconi taking it up the butt, then Sergio Marchionne (Fiat CEO) would be held accountable?
 
2010-02-24 08:24:08 AM
allthesametome: It's a Court in Italy. How they manage to get anything done with all those kangaroos jumping around is beyond me.

If there are kangaroos, it must be an Austrian court.
 
2010-02-24 08:24:24 AM
Xenu?
 
2010-02-24 08:30:35 AM
Xeni Jardin Oh so it has the crabs now too. That girl is so gross and lies about her CV more than anyone else on the net.
 
2010-02-24 08:30:54 AM
mantabulous: This is stupid, but this is kind of awesome:

Italian law holds corporate executives responsible for a company's actions, received six-month suspended sentences.


It sounds like a good idea, but only in the hands of a judiciary not owned by anyone named Berlusconi.

In other news, nobody tell the Italians about tourretesguy.

/google it, I'll see you all in hell.
 
2010-02-24 08:31:29 AM
Dunkel: In other internet news - they mentioned 4Chan on Jeopardy last night.

I saw that, I thought for sure the answer was "What is CP"
 
2010-02-24 08:35:53 AM
DubyaHater: Asteroth: Stupid wops.

How can they be WOP's if they're still in Italy? Don't they technically have to be in America first?


Not that I was serious, but wop doesn't stand for without papers. It's taken from guappo, and it's a slur for all Italians, not Italian-Americans.
 
2010-02-24 08:40:36 AM
Seth'n'Spectrum: In other news, nobody tell the Italians about tourretesguy.

/google it, I'll see you all in hell.


Yeah don't tell the folks at wikipedia about it either, they got so butthurt about it when people made an article for Danny that they removed the article, the second article, the discussion pages and the discussion pages' discussion pages.

Barakku: They only remove things as quickly as they're complained about? Those bastards! How dare they not know the name and condition of every living person shown in their videos!

This. How much more can google reasonably do in a situation like this (short of having mods for every single video that do in depth research into the background of each one)
 
2010-02-24 08:43:38 AM
Asteroth: Stupid wops.

i185.photobucket.com
 
2010-02-24 08:44:03 AM
For those unfamiliar, running a user generated website can be extremely irritating.

Current legal precedent suggests that while the site may not have the responsibility to moderate all content, they do if they have a system in place to moderate the content. Basically suggesting, if they do have a moderator screening all the content, they can be held liable. If they don't have a moderator, they can't/might not be held liable. In some cases, if it is outside your means to do so, it is actually better not to put a moderating system in place as that can open you to liability if it fails. This may seem like a tedious regulation, but for small independent webmasters can be a conundrum deliberating how to best provide moderation in compliance with the law, while not opening yourself to liability. Thus, alot of TOS have clauses like "we do not actively moderate based on the resources required to do so over the amount of content, all users must act in full compliance with the law" etc etc. Even though they do in fact have a moderation system in place, they're compelled to deny the existence of it.

It seems in this case, Google has followed most of the legal precedent in Europe and the US: pulling the content after receiving complaints. I'm not sure how much content is uploaded to Google per day, but I'm sure they have their shiat together and the amount of moderation required to do what the court is suggesting would be massive.

To do what the Italian Court is suggesting, all internet sites might be required to authorize every single piece of user generated content. This could massively hinder the development of the web, even sites like Fark where posters can comment without an immediate response of administrators.

On the other hand, Courts like this provide incentive for webmasters to geoblock entire countries if their legal system is not in compliance with customary international law. Which itself goes against the tenets of net neutrality.

It somewhat relates to the obscenity laws in the US, where it seems each state and locality can decide their own interpretations with what is seen on the internet.

The result is having to comply with the lowest common denominator, rather than the current legal precedent for what is customary.

I would disagree that holding corporate executives criminally liable is "awesome", that in fact is extremely chilling. As I doubt that there is any legal precedent in Italy suggesting that internet sites can be held liable in these situations.

The real issue seems to be a nationalistic attitude of foreign websites dominating their local companies on the internet. As they also suggested unfair practices in internet advertising. This ruling seems to be in line with a "go get em" logic.

All in all, it does not bode well for internet development and net neutrality. Even expecting to geo target different regulations to different countries with different laws is easily overcome. There is literally no way to expect an internet site to be in full compliance with the law without catering to the lowest common denominator.

Courts need to take the consequences of their decisions into consideration, but right now I see no way of forcing them to do that. Unless the most popular websites begin geoblocking entire IP ranges in response to more rulings.
 
2010-02-24 08:44:27 AM
hipster_slayer: Xeni Jardin Oh so it has the crabs now too. That girl is so gross and lies about her CV more than anyone else on the net.

So she's not an intergalactic space princess?
 
2010-02-24 08:46:00 AM
epoc_tnac: Yeah, blame google, that's the ticket. Enjoy having no online video ever again, Italy

This. After a ruling like that, there really is no alternative but to pull YouTube, Google Video, and every other related service out of Italy.
 
2010-02-24 08:46:09 AM
I don't understand the headline or any of these comments.
 
2010-02-24 08:49:16 AM
This is why we cannot have nice things.
 
2010-02-24 08:50:07 AM
Google could cut off italy totally if they really wanted.

Out of Italy's ~59,000,000 citizens their broadband penetration is only 9,427,300.

World wide broadband subscribers? 305,000,000

They would only be cutting off access to 3% of total users. While I applaud google for backing their employee's it probably wouldn't hurt them much financially to stand their ground on this one if the media dictator of Italy doesn't realize that Google complied with their requests and helped out more than they were probably responsible to do.

Look at it this way: If the video had never been posted would there have been any outcry over the bastards that bullied the autistic kid? would anyone have even known? The video posting was probably key evidence in discovering the assholes in the first place.

Good on Google this round.
 
2010-02-24 08:50:40 AM
rev. dave: This is why we cannot have nice things.

Zathrus can never have anything nice...
 
2010-02-24 08:52:14 AM
i think i missed that video. anyone got a link?
 
2010-02-24 08:54:55 AM
Shouldn't the people that posted this video be responsible and not the medium? If somebody stapled a picture of me picking my nose on a telephone pole, can I sue the telephone pole? Cause I gotta tell you. I've always wanted to sue a telephone pole.
 
2010-02-24 08:55:30 AM
Voiceofreason01: Dunkel: In other internet news - they mentioned 4Chan on Jeopardy last night.

I saw that, I thought for sure the answer was "What is CP"


On topic because Italy copied pasta from China?
 
2010-02-24 08:56:31 AM
Well, Italy can say goodbye to YouTube, Facebook, and any other user-uploadable services. That's really the only practical way Google can handle this.
 
2010-02-24 08:58:49 AM
the italian lawyer's name is guido camera. really. guido.
 
2010-02-24 08:58:52 AM
chu2dogg: For those unfamiliar, running a user generated website can be extremely irritating.

Current legal precedent ... blah blah blah ... self-important adjective-flecked windy bullshiat from a law-school dropout with too much time on his hands.


TL/DR

Don't make me edit you, son.
 
2010-02-24 09:00:13 AM
Further proof the terrorists have won.
 
ZAZ [TotalFark]
2010-02-24 09:00:42 AM
A major purpose of the DMCA in America was to relieve web site operators of the burden of active moderation and permit them to respond to complaints instead. Those who like to call for repeal of DMCA may want to consider what the internet would be like without it. To get permission to post videos you would have to convince the web site operator that you would not get them in trouble by crossing the line between bad taste and criminal activity.

(The DMCA anti-circumvention provisions are annoying, but they are unrelated to the internet provisions and aren't in play here. Unless we start talking about selling EFF deCSS T-shirts over the internet.)
 
2010-02-24 09:00:55 AM
I'm working on a Microsoft direct challenge to the Google empire called Milano, so I'm getting a kick out of your replies

We have always been at war with Google. Microsoft is our ally.
 
2010-02-24 09:03:15 AM
Why would anyone want to torment a kid with autism anyway? He has his ups and downs like anyone else, but dang...

Voiceofreason01: Dunkel: In other internet news - they mentioned 4Chan on Jeopardy last night.

I saw that, I thought for sure the answer was "What is CP"


The answer is never about a christmas painting, moran
 
2010-02-24 09:03:49 AM
theonlyjessica: the italian lawyer's name is guido camera. really. guido.

actually a very common italian name that didn't really make the jump across the ocean. my ex gf's grandfather was named guido concato. now that's name that belonged in the godafther
 
2010-02-24 09:04:34 AM
ZAZ: ut they are unrelated to the internet provisions and aren't in play here.

No, but those are the provisions everyone wants to repeal.
 
2010-02-24 09:06:21 AM
"We are definitely satisfied that someone has to take responsibility for this violation of privacy," said Guido Camera, a lawyer for Vivi Down.

How about the person who posted it?
Stupid grease balls.
 
2010-02-24 09:11:08 AM
towatchoverme: chu2dogg: For those unfamiliar, running a user generated website can be extremely irritating.

Current legal precedent ... blah blah blah ... self-important adjective-flecked windy bullshiat from a law-school dropout with too much time on his hands.

TL/DR

Don't make me edit you, son.


The world revolve around you in your little head? Use the ignore button, pleeease?
 
2010-02-24 09:11:51 AM
Voiceofreason01: Dunkel: In other internet news - they mentioned 4Chan on Jeopardy last night.

I saw that, I thought for sure the answer was "What is CP"


blog.enterpriseitplanet.com
 
2010-02-24 09:12:47 AM
Italy is hopeless, it really is.

/Amazing that the same country that produces Berlusconi and 'tarded verdicts like this also produces Ferraris and Lamborghinis.
 
2010-02-24 09:13:13 AM
Seth'n'Spectrum:
In other news, nobody tell the Italians about tourretesguy.

/google it, I'll see you all in hell.



BWAAAHAHAHAHAHAH
Chewbacca taking a shiat. BWAAAHAHAHAHA
Thanks man , that made my AM.
 
2010-02-24 09:16:59 AM
Italy is just angry that Google is successful and Italy's economy is in the toilet and has been for decades. The same sort of behavior on display when Henry "Naked Mole Rat" Waxman exaggerates the problems involved in the Toyota recall in order to make the shiatty domestic automobile sector look better.
 
2010-02-24 09:21:32 AM
theonlyjessica: the italian lawyer's name is guido camera. really. guido.

A guido camera is what you use to take pictures like this:

getoffourisland.com
 
2010-02-24 09:22:41 AM
Recoil Therapy: Trying to understand how the judges logically came up with their answer is making my head hurt.

In the US, we have institutional inertia built into the courts. People who are lauded for their years of experience are determining the legality of technology that they have never seen or used before. Their experience means next to nothing. It's probably the same in Italy, as it is in the entire world.
 
2010-02-24 09:23:11 AM
The Face Of Oblivion: Italy is just angry that Google is successful and Italy's economy is in the toilet and has been for decades. The same sort of behavior on display when Henry "Naked Mole Rat" Waxman exaggerates the problems involved in the Toyota recall in order to make the shiatty domestic automobile sector look better.

2.bp.blogspot.com


Toyota's still good to me Dammit!!!
 
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