×

Welcome to the Slashdot Beta site -- learn more here. Use the link in the footer or click here to return to the Classic version of Slashdot.

Thank you!

Before you choose to head back to the Classic look of the site, we'd appreciate it if you share your thoughts on the Beta; your feedback is what drives our ongoing development.

Beta is different and we value you taking the time to try it out. Please take a look at the changes we've made in Beta and  learn more about it. Thanks for reading, and for making the site better!

Italian Prosecutors Seek Prison Sentences For Google Execs

Soulskill posted more than 4 years ago | from the badda-boom-badda-...-bing? dept.

Google 197

angry tapir writes "Milan prosecutors have sought prison sentences ranging from six months to one year for four Google executives accused of violating Italy's privacy laws over the posting of a video showing the bullying of a handicapped teenage boy. The prosecutor's request was backed up by a request by lawyers representing the Milan city council for €300,000 (US$452,000) in moral and material damages. The case concerns the posting on Google Video of a three-minute mobile-phone video showing a handicapped boy being tormented by his classmates in a Turin school."

cancel ×
This is a preview of your comment

No Comment Title Entered

Anonymous Coward 1 minute ago

No Comment Entered

197 comments

Non-news (0)

Anonymous Coward | more than 4 years ago | (#30236882)

FTA:

There is no chance of the Google executives actually going to prison, however, according to Google lawyer Giuliano Pisapia. For a first offender receiving a prison sentence of less than three years, the penalty is automatically suspended, he said.

Move along, citizens. Nothing to see here.

Re:Non-news (1)

Chatterton (228704) | more than 4 years ago | (#30237362)

Until the next sentence of the same type for a similar case. Now that all the bullyed italian who the video is posted on internet know that they can win €300.000 at the court lottery, why will they do no do so?

Ironic (-1, Troll)

BadAnalogyGuy (945258) | more than 4 years ago | (#30236890)

The Latin word Torino (the proper spelling of 'Turin') means "small crag" or "small cliff". Similar to Greek Sparta, this citystate was notorious for performing infanticide of small, weak, and handicapped children. These kids would be thrown off the cliffs to their deaths for no other crime than being genetically inferior.

Nowadays we are a bit more conscientious about how we treat the weakest among us, but to see Torinos standing up for weak kids is kind of ironic considering the city's bloody history.

Re:Ironic (2, Insightful)

Anonymous Coward | more than 4 years ago | (#30236956)

Yeah. If only the Latin name wasn't Augusta Taurinorum, that has nothing to do with cliffs and all with the emperor's name and the name of the local people.

Re:Ironic (1, Funny)

Anonymous Coward | more than 4 years ago | (#30237224)

The Latin word Torino (the proper spelling of 'Turin') means "small crag" or "small cliff". Similar to Greek Sparta, this citystate was notorious for performing infanticide of small, weak, and handicapped children. These kids would be thrown off the cliffs to their deaths for no other crime than being genetically inferior.

Yeah. If only the Latin name wasn't Augusta Taurinorum, that has nothing to do with cliffs and all with the emperor's name and the name of the local people.

This all sounds like a bunch of bull to me.

Re:Ironic (4, Interesting)

Oscaro (153645) | more than 4 years ago | (#30237014)

I don't know where you found this info, and I never heard anything about it (and I actually have born and live in Torino). Also there are no "cliffs" around Torino, and Torino has nevere been a citystate in ancient times: in fact it was born as a Roman military camp.

Re:Ironic (2, Informative)

Anonymous Coward | more than 4 years ago | (#30237174)

hush you! culture in not appreciated in america and history may well be adapted to meet the requirements of a well told story.

just read the homo sapiens etymology at http://www.eco-pros.com/biodiversity.htm (around the end):
<Scientific name: Homo sapiens translates from Latin as Homo (self, man or human being), sapiens (wise, knowing). The Latin "homo" is related to the word "humus" earth, and could be viewed as a kind of "earthling.">

at least wikipedia got it right:
In the first century BC (probably 28 BC), the Romans created a military camp (Castra Taurinorum), later dedicated to Augustus (Augusta Taurinorum). The typical Roman street grid can still be seen in the modern city. Turin reached about 5,000 inhabitants at the time, all living inside the high walls.

And Taurinorum comes from "Taurasia", a somewhat legendary barbaric village thought to be burned down by Hannibale coming to Italy, as the "Tauri" people, for which it was the capital, refused to surrender to him. It was later reconstructed as Castra Taurinorum.

History is hard, so please don't try it at home, kids.

Re:Ironic (0)

Anonymous Coward | more than 4 years ago | (#30237744)

History is hard, so please don't try it at home, kids.

Actually it just happened, there it goes again, damn.

Re:Ironic (0)

Anonymous Coward | more than 4 years ago | (#30237368)

Since B.A.Buy is a Scientologist you should allow him a bit of poetic license; He has a special view of reality.

Re:Ironic (0, Flamebait)

SharpFang (651121) | more than 4 years ago | (#30237032)

Oh, but why? It's the opposite! Teach the sniveling snitches that snitching about of our brave boys who treat the degenerate scum as it deserves is not welcome here.

Next time you will think twice if you want to cry foul about someone "having some fun" with a genetically inferior!

Re:Ironic (2, Funny)

abigsmurf (919188) | more than 4 years ago | (#30237070)

Except sometimes a parent wouldn't have the heart to do this and would raise the deformed child to be a powerful warrior, promising that he will one day be able to be a spartan.

Sadly this was not to be as his deformities would make him unsuitable to join their ranks. In a fit of self loathing he would then lead the Spartan's enemies down a hidden route so the Spartans would be flanked and killed.

At least that is what I was led to believe by a highly accurate documentary I watched.

Re:Ironic (2, Informative)

Anonymous Coward | more than 4 years ago | (#30237080)

you're way off, man
the name Torino comes from the ancient roman name Augusta Taurinorum and the latin root for Taurinorum means nothing like "cliff" or "crag" but is tied to the population (Taurini) that lived there before Julius Caesar conquered their city.
Also "taurus" is the latin word for "bull".
And, as far as i know, there were no mass infanticide in that city either.

THIS IS TUUUUUUUUUUURIN!!! (not Sparta :))

Re:Ironic,Christmas gift is here,shoes,handbags. (-1, Offtopic)

coolforsale1215 (1687572) | more than 4 years ago | (#30237088)

http://www.coolforsale.com/ [coolforsale.com] Dear ladies and gentlemen Hello, In order to meet Christmas, Site launched Christmas spree, welcome new and old customers come to participate in the there are unexpected surprises, look forward to your arrival. Only this site have this treatmentOur goal is "Best quality, Best reputation , Best services". Your satisfaction is our main pursue. You can find the best products from us, meeting your different needs. Ladies and Gentlemen weicome to my coolforsale.com.Here,there are the most fashion products . Pass by but don't miss it.Select your favorite clothing! Welcome to come next time ! Thank you! http://www.coolforsale.com/productlist.asp?id=s76 [coolforsale.com] (Tracksuit w) ugg boot,POLO hoody,Jacket, Air jordan(1-24)shoes $33 Nike shox(R4,NZ,OZ,TL1,TL2,TL3) $35 Handbags(Coach lv fendi d&g) $35 Tshirts (Polo ,ed hardy,lacoste) $16 free shipping Thanks!!! Advance wish you a merry Christmas.

Slashdot hasn't suspend parent's account yet?! (-1, Offtopic)

NoYob (1630681) | more than 4 years ago | (#30237186)

Registrant:
Organization : lin hailan
Name : lin hailan
Address : lichengdadao
City : putianshi
Province/State : fujiansheng
Country : china
Postal Code : 351100


Administrative Contact:
Name : lin hailan
Organization : lin hailan
Address : lichengdadao
City : putianshi
Province/State : fujiansheng
Country : china
Postal Code : 351100
Phone Number : 86-0594-5298858
Fax : 86-0594-5298858
Email : zminring@gmail.com


Technical Contact:
Name : lin hailan
Organization : lin hailan
Address : lichengdadao
City : putianshi
Province/State : fujiansheng
Country : china
Postal Code : 351100
Phone Number : 86-0594-5298858
Fax : 86-0594-5298858
Email : zminring@gmail.com


Billing Contact:
Name : lin hailan
Organization : lin hailan
Address : lichengdadao
City : putianshi
Province/State : fujiansheng
Country : china
Postal Code : 351100
Phone Number : 86-0594-5298858
Fax : 86-0594-5298858
Email : zminring@gmail.com

The above company is in China. It has NO bbb.org entry. It was created on November 11, 2009.

Yeah, like I'm going to shop there.

Lin:

Your Government has all those Trillions of dollars - it's keeping it from you. That's right! All that hard work is actually helping the folks in charge. You are they're slave!

Communism is Slavery.

Your Government lies to you about everything. They will kill you all!

Lonely? Can't find a woman? Do you know why? Your Government has been shipping them overseas. They want you to be lonely. That's right! The Chinese government is keeping you away from women! Why are they doing that? Because they want you in the military to fight for them so that they can keep in power.

The Communist Party has enslaved you! Communism == slavery.

Re:Slashdot hasn't suspend parent's account yet?! (3, Funny)

mister_playboy (1474163) | more than 4 years ago | (#30237346)

If you want /. to take action against these posts, you'll have to join the church of Scientology first. Then they'll listen. :)

Re:Ironic (1)

error_frey (1665467) | more than 4 years ago | (#30237124)

where did you get this info? Never heard of Torino as a city-state (or) with sparta-like traditions.

by the way, "Torino" is a current italian name, not a latin one.

Re:Ironic (0, Troll)

Afforess (1310263) | more than 4 years ago | (#30237184)

Also Ironic, that they haven't actually done anything about the incident, to make sure the kid is okay; instead, they just go after a corporation.

"Think of The Children" really is an excuse.

Re:Ironic (3, Informative)

peppepz (1311345) | more than 4 years ago | (#30237536)

Also Ironic, that they haven't actually done anything about the incident, to make sure the kid is okay;

Yes, they did: the bullies have been suspended from school and assigned to community service.
On the penal side, they're accused of private violence, insult, defamation, assault and menaces.

It is interesting to note that the kid's family withdrew the suit against Google, and the trial is now going on only because other parties enlisted themselves as "civil parties" (that is, victims of a crime who are seeking for a refund - sorry, I don't know the exact english term for that).

Re:Ironic (2, Funny)

Philip K Dickhead (906971) | more than 4 years ago | (#30237506)

They killed babies for being genetically inferior?

Well, if they discovered gene theory, in the centuries before Christ, I say more power to 'em!

I'm sure glad (5, Insightful)

mandark1967 (630856) | more than 4 years ago | (#30236894)

that those Italian prosecutors are going after the really guilty parties instead of the little, misguided tykes who perpetrated the incident.

Re:I'm sure glad (4, Insightful)

smitty777 (1612557) | more than 4 years ago | (#30237016)

Also, what about the person that uploaded the video? They would seem to be the main culprit to me, not Google.

Re:I'm sure glad (4, Informative)

sznupi (719324) | more than 4 years ago | (#30237052)

Not the only time in Italy - media empire of Berlusconi pointing fingers at external factors, the deal with crosses being obviously the fault of Strasburg and not a case of not following your own damn laws, season immigrants from new EU memberstates being put effectively into slavery because of their own fault of not being able to prevent it...it's always easier to look for blame abroad.

And when you do you actually get to win the popularity contest...

Media empire owned by a dictator (4, Insightful)

thijsh (910751) | more than 4 years ago | (#30237248)

There is no other word for the rule of Berlusconi than a smoothly veiled dictatorship...
An example of the abuse of his media empire: http://features.csmonitor.com/globalnews/2009/11/10/italy-the-latest-fashion-%E2%80%93-blue-socks-against-berlusconi/ [csmonitor.com]
It sounds stupid, and it really is... but this is the only country in Europe where politicians can get away with smear campaigns, and only because this politician owns or influences most media in the country.

Something a little more scary is the immunity Berlusconi gave himself to prevent any convictions of his crimes... but that was ruled unconstitutional: http://news.bbc.co.uk/2/hi/8295716.stm [bbc.co.uk]

Re:Media empire owned by a dictator (1)

hjrnunes (1135957) | more than 4 years ago | (#30238078)

yeah well, more scary than all that (since the Italians actually voted for the man - and in democracy you get what you deserve) is the environmental catastrophe in and around Napoli and all Campania region. Probably affecting the whole south. Garbage. Everywhere, dangerous, unprocessed, toxic garbage. I saw it on vbs.tv's Toxic Napoli [slashdot.org] and it blew me away.

Sometimes you get the feeling that it's Manila or someplace like that... but no. It's Italia right in the middle of the EU...

Re:I'm sure glad (1, Interesting)

Anonymous Coward | more than 4 years ago | (#30237344)

that those Italian prosecutors are going after the really guilty parties instead of the little, misguided tykes who perpetrated the incident.

They are going after the company that embarrassed the city publicly. BTW, everybody understands the problem here except for a few Americans.

Re:I'm sure glad (0, Troll)

D'Sphitz (699604) | more than 4 years ago | (#30237588)

Because Americans are all dumb. And fat.

Re:I'm sure glad (0)

Anonymous Coward | more than 4 years ago | (#30237626)

The rest are brainwashed by communist propaganda.

Re:I'm sure glad (5, Insightful)

somersault (912633) | more than 4 years ago | (#30237348)

In recent news, leaders of the BBC were jailed for showing footage of a warzone during a news report. Obviously, they must be entirely responsible for this war.

Also, it has just been discovered that if you hide a problem, it goes away.

Re:I'm sure glad (0)

Anonymous Coward | more than 4 years ago | (#30237484)

What on earth are you talking about? Cite, please.

Re:I'm sure glad (0)

Anonymous Coward | more than 4 years ago | (#30237528)

Welcome to parody and sarcasm. Or putting it another way:

WHOOSHOOSHOOSHOOSH

Re:I'm sure glad (4, Informative)

Shin-LaC (1333529) | more than 4 years ago | (#30237470)

As stated in comments on the previous Slashdot post on the case, the perpetrators were already prosecuted in 2006.

The law can multi-task (1)

westlake (615356) | more than 4 years ago | (#30237712)

that those Italian prosecutors are going after the really guilty parties instead of the little, misguided tykes who perpetrated the incident.

What makes you think that the prosecutors aren't going after everyone involved?

I will admit that what worries me more is that to far too many Slashdot posters the "really guilty party" can't be the geek, no matter what the charge.

Re:The law can multi-task (2, Informative)

Ironsides (739422) | more than 4 years ago | (#30238022)

I will admit that what worries me more is that to far too many Slashdot posters the "really guilty party" can't be the geek, no matter what the charge.

How about we just look at this case, where google had nothing to do with the assault or the video, other than providing a venue where people could post any video? Google removed the video as soon as they received a complaint. I'd still like to know how Google violated a law here.

From the article:

The delay in removing the offensive video was the result of a failure to apply to the right authority, Pisapia said. When the complaint reached Google Inc., which controlled Google Video, the video was removed within hours, he said. "The first complaint went to the wrong address, so the people who had the power to remove it were unaware of the problem." Italian law does not lay any responsibility on hosting providers to monitor the content they upload onto Internet, Pisapia said. "Their only responsibility, established under a 2003 law, is to remove content when ordered to do so by the judicial authorities."

Re:I'm sure glad (0)

Anonymous Coward | more than 4 years ago | (#30238054)

that those Italian prosecutors are going after the really guilty parties instead of the little, misguided tykes who perpetrated the incident.

Misguided tykes cannot afford a half million dollar lawsuit.... You cannot expect a large multinational lawsuit to go against a few kids who have poor parenting over some lunch money can you?

Yo (-1)

Anonymous Coward | more than 4 years ago | (#30236902)

There don't seem to be any posts.

I hope that the primary focus of the prosecution (4, Insightful)

Interoperable (1651953) | more than 4 years ago | (#30236916)

was to punish the bullies (appropriately scaled to the age of the guilty parties)! The case against Google seems absurd in any case. It hinges on the fact that Google didn't remove the video after it was requested to. The reason was that the request was sent to the wrong address. Google may seem to be omniscient but if they didn't get the notice there is no rational case against them. In any case I doubt they're answerable to Italian law unless the prosecutors could prove to an American court that extradition is warranted.

Re:I hope that the primary focus of the prosecutio (2, Informative)

Anonymous Coward | more than 4 years ago | (#30237024)

Extradition? These are Google employees based in Italy.

Morons (4, Informative)

multisync (218450) | more than 4 years ago | (#30236924)

Punish the kids who were doing the harassing. Google removed the video within a day, once someone actually bothered to contact them about it, and Google cooperated with Italian police:

The prosecutors had also failed to acknowledge Google's cooperation with the Italian police, Pisapia said. The bullying of the handicapped boy, which had been going on for two years, came to an end after Google identified the person responsible for posting the video and enabled the police to identify the boy's tormentors, he said.

A lesson to Google (4, Interesting)

IndustrialComplex (975015) | more than 4 years ago | (#30236938)

I hope this serves as a lesson to companies who seem to want the best of all worlds. I'm kind of glad that google is getting hit with this because it brings to light the problem with trying to cater to the demands of local governments. When Google began working with governments in foreign jurisdictions it opened the door to this type of activity.

Google would have a much more stable leg to stand on if they simply said 'We are a US company, we will follow US laws.' when China asked them to tailor GoogleChina to meet the party demands.

Similar to safe harbor protections when it comes to ISPs, if you 'fly the flag' of a specific country on the Internet, you are bound by that country's laws. That doesn't mean that the local governments can't block your service, but it should serve as protection when local governments attempt to apply their laws to a foreign company.

Re:A lesson to Google (3, Insightful)

Enderandrew (866215) | more than 4 years ago | (#30237094)

Every international company has to obey laws for that country, or not do business in that country. When the Wolfenstein games were released in Germany, they had to remove all Nazi signs because that is German law.

Google was told they had to filter search results, or they would be blocked in China. They filter results, but they are the only search engine in China which says right on the search page that the results have been filtered. At least they made a small effort to stand up for free speech while technically complying with China's laws.

Re:A lesson to Google (2, Insightful)

IndustrialComplex (975015) | more than 4 years ago | (#30237242)

Every international company has to obey laws for that country, or not do business in that country. When the Wolfenstein games were released in Germany, they had to remove all Nazi signs because that is German law.

If I set up a server in not-Germany, I wouldn't have to do a damned thing to alter the content that my website is providing with respect to German law. Germany would be free to block my site, but I am not responsible for the laws of Germany as long as I'm not going into Germany, or attempting to send products to Germans. I follow the laws of my host country.

If what Google is doing in China is good enough for you, that's fine. But I consider it to be a tremendous and horrid act to behave in accordance with laws which violate someone's human rights. I won't suggest that you must believe the same as I do, but Google's warning on their website is a token gesture and is meaningless without sufficient action to back up it's statements.

The point remains that by setting up shop in a country, and attempting to follow the 'laws' of every country, Google has placed itself in the position where countries (like Italy) attempt to treat them like they have an actual business in that country.

The internet does not have an immediate analogue in the real world, and attempting to treat services provided on the internet as a local service simply because you can 'see' it from inside your country is flawed logic. I suppose the closest analogy to this example would be someone in Italy attempting to apply an Italian law against lewd behavior against an Austrian couple because they were visible from the Italian side of the border.

Just because you can 'see' it on the internet doesn't mean that the act occurred within your country's jurisdiction.

Re:A lesson to Google (0)

Anonymous Coward | more than 4 years ago | (#30237326)

If I set up a server in not-Germany, I wouldn't have to do a damned thing to alter the content that my website is providing with respect to German law.

That principle is not necessarily the case, as anyone who "hacks" pentagon servers (password=12345) or "libels" a company in a webserver that can be viewed from Australia is finding out.

If you for example deny the holocaust while you are in the USA, it would be a bad idea to travel abroad.

Re:A lesson to Google (1)

gfreeman (456642) | more than 4 years ago | (#30237378)

The point remains that by setting up shop in a country, and attempting to follow the 'laws' of every country, Google has placed itself in the position where countries (like Italy) attempt to treat them like they have an actual business in that country.

Er, "setting up shop" is doing business. If you set up shop in Italy, then that shop has to follow Italy's laws.

The internet does not have an immediate analogue in the real world, and attempting to treat services provided on the internet as a local service simply because you can 'see' it from inside your country is flawed logic. I suppose the closest analogy to this example would be someone in Italy attempting to apply an Italian law against lewd behavior against an Austrian couple because they were visible from the Italian side of the border.

Just because you can 'see' it on the internet doesn't mean that the act occurred within your country's jurisdiction.

In this case, the act did occur within that country's jurisdiction, so what's your point? I am sure that Italy's courts are not trying to prosecute Google Italy employees for infractions of non-Italian laws.

Re:A lesson to Google (2, Insightful)

somersault (912633) | more than 4 years ago | (#30237464)

Just because you can 'see' it on the internet doesn't mean that the act occurred within your country's jurisdiction.

Apart from the fact that Google.it is registered in Italy, and the video is accessible from google.it

I hope this serves as a lesson to companies who seem to want the best of all worlds. I'm kind of glad that google is getting hit with this because it brings to light the problem with trying to cater to the demands of local governments. When Google began working with governments in foreign jurisdictions it opened the door to this type of activity.

Xenophobic much? If Google wants to customise their service depending on which country they're serving, it's their own [censored] business. If you don't like it, nobody's forcing you to use anything Google related. It's not like the US is perfect either.

Re:A lesson to Google (1)

Cigarra (652458) | more than 4 years ago | (#30237734)

The point remains that by setting up shop in a country, and attempting to follow the 'laws' of every country, Google has placed itself in the position where countries (like Italy) attempt to treat them like they have an actual business in that country.

Erm... they DO have and actual business in those countries: they sell ads. And being able to keep selling ads is what makes Google obey local laws.

Re:A lesson to Google (1)

Maxo-Texas (864189) | more than 4 years ago | (#30237736)

If google had told china to go screw itself, they would have had a defense.

But they didn't.

So they lost their effective "common carrier" status and now must comply with the laws of every country on earth.

The only way around this would be to *not serve* to a country unless it signs up to allow google. The signup would have a complete pass on conforming to laws or a specific list of laws the country really really cared about. Google could then decide if the cost of compliance was worth serving the country.

Re:A lesson to Google (3, Insightful)

Omestes (471991) | more than 4 years ago | (#30237826)

But I consider it to be a tremendous and horrid act to behave in accordance with laws which violate someone's human rights.

I personally dislike China's ubiquitous censorship, and Google supporting it. But I don't think that internet searches have anything to do with human rights. What right is being infringed upon? Sure, it is still tyranny, but I have grave doubts that there is any right to uncensored internet searches (actually I have grave doubts that there are any innate human rights at all!).

Re:A lesson to Google (0)

Anonymous Coward | more than 4 years ago | (#30237868)

So if a tree falls and no one is there to hear it, it doesn't make a sound? So hiding a problem DOES make it go away?

Re:A lesson to Google (1)

Omestes (471991) | more than 4 years ago | (#30238064)

Never said that. I do not condone either Google or China. I was just questioning whether the act violated human rights. If there are innate human rights then everything that violates them is bad, and not everything that doesn't violate them is good. I could draw a Venn Diagram for ya.

Re:A lesson to Google (0)

Anonymous Coward | more than 4 years ago | (#30237512)

So, what happens if Google says, "You dumb-ass Degos don't have a fucking clue, and we're not doing business in your ass-backwards jurisdiction anymore." Just like the bullshit with Murdoch and the other news cretins, Italy will piss all over themselves trying to keep Google in Italy. Fucking jerkwads.

Re:A lesson to Google (4, Insightful)

markus_baertschi (259069) | more than 4 years ago | (#30237232)

I think it shows how Google lives the 'don't do evil' slogan. They try to be a good citizen everywhere. Unfortunately this is not easy, in Chine a good citizen does not talk about certain things, in the US you are not supposed to hide the same things. Sou you can not be a good citizen in both places at the same time. Google could choose not to be in China, but this would not help matters (it would be blocked by the great firewall).

Re:A lesson to Google (1)

IndustrialComplex (975015) | more than 4 years ago | (#30237356)

I do believe you are correct. In this situation Google is not in a good position.

I admit I'm a bit of a hardliner when it comes to freedom. I will do my best to NOT engage in commerce with an entity that will use that money to further their cause of limiting freedom. It does mean that some of my goods cost more (hardly anywhere close to the 2x that many apologists claim), but it is working out well for me so far.

Convincing our politicians to do something about it so that one US company attempting to 'be good' isn't bypassed by another US company who doesn't care is a much more difficult and complicated issue.

Re:A lesson to Google (1)

Stan92057 (737634) | more than 4 years ago | (#30237842)

Too bad money is more Important. Googles first priority is to there stock holders,which are all over the planet,not just in the USA

Re:A lesson to Google (1)

westlake (615356) | more than 4 years ago | (#30237870)

Similar to safe harbor protections when it comes to ISPs, if you 'fly the flag' of a specific country on the Internet, you are bound by that country's laws.

You are also bound by the laws of the country in which you do business.

The Italian client expects to see an Italian presence in sales and development when he speaks to Google or he will take his money elsewhere.

Re:A lesson to Google (1)

ultranova (717540) | more than 4 years ago | (#30238114)

Google would have a much more stable leg to stand on if they simply said 'We are a US company, we will follow US laws.' when China asked them to tailor GoogleChina to meet the party demands.

Google is not a US company, it is an international company with physical assets - datacenters, mostly - all around the world.

Similar to safe harbor protections when it comes to ISPs, if you 'fly the flag' of a specific country on the Internet, you are bound by that country's laws. That doesn't mean that the local governments can't block your service, but it should serve as protection when local governments attempt to apply their laws to a foreign company.

If you have assets or business where a particular country can get to them, you either avoid pissing that country or risk losing them.

It's not the flag you're flying that matters, but the flags of the warships within cannon range.

Italy... (0, Flamebait)

Nautical Insanity (1190003) | more than 4 years ago | (#30236948)

STFU

Google executives weren't the ones shooting the video or uploading it to the website.

Fortunately, according to the article it seems that the prosecutors are just making noise and won't be able to actually throw Google employees in jail.

Strike 2 (5, Funny)

Rik Sweeney (471717) | more than 4 years ago | (#30236990)

Strike 1 [cnn.com]

That's strike 2, Google. If you put one more foot wrong I'm changing my homepage over to Bing.

Re:Strike 2 (1)

rutter (1430885) | more than 4 years ago | (#30237066)

I sincerely hope you are kidding.

Re:Strike 2 (0)

Anonymous Coward | more than 4 years ago | (#30237134)

If he was kidding, he would have said he'd use Yahoo.

You see, Yahoo used to be a very popular search engine once upon a time.

Interesting... (1)

redbeardcanada (1052028) | more than 4 years ago | (#30237428)

I clicked on your Strike 1 link, read that article then clicked on the link that showed the Google Image search results to see the actual image.

The doctored image of Michelle Obama rightfully generated a lot of negative reaction; however about 8 pictures in to the search results was one showing the similarities between George Bush and a monkey. There seems to be no outrage to this one...

Maybe the difference is an attack specific to an individual vs. an attack that is seen to be against a group of people?

Re:Interesting... (0, Troll)

D'Sphitz (699604) | more than 4 years ago | (#30237718)

Uh, maybe because George Bush is white? Duh. Maybe I'm just not aware of the long standing racial stereotype of white men looking like apes (and with Bush it probably has more to do with his intellect than anything else). Also the Michelle Obama picture is from stormfront.org, which probably didn't help matters much.

tpb (0)

Anonymous Coward | more than 4 years ago | (#30236996)

Could this be similar to the pirate bay case?

Lesson for Google (4, Insightful)

SharpFang (651121) | more than 4 years ago | (#30237002)

If anyone posts video of someone performing some illegal activity, delete it ASAP, don't tell anyone and sweep everything under the rug. The video was never there, you never saw anything and I'm sorry, Officer that I can't help you, am I free to go now?

At least that's what the court is trying to teach them.

Re:Lesson for Google (4, Insightful)

markus_baertschi (259069) | more than 4 years ago | (#30237072)

If their president is almost openly like that, drafting laws almost explicitly designed to stop his prosecution, why should other behave better ?

Re:Lesson for Google (1)

Hurricane78 (562437) | more than 4 years ago | (#30237986)

Hmm... “If Hitler openly wants to kill jews, why should other(sic) behave better?” ...maybe because they would want to be better than Berlusconi?

Just saying...

I call for the UN (0)

Anonymous Coward | more than 4 years ago | (#30237020)

I call for the UN to seek long prison sentences for those italian judges, accusing them of bullying Google.

Furthermore, if I ever go to Italy, I'll print frames of that video, post them on the Piazza San Petro and sue the hell out of the Pope for allowing that to happen. That will fix everything.

The case is known as... (0, Troll)

gavron (1300111) | more than 4 years ago | (#30237036)

"Retarded Italian Prosecutors v Google airing retarded Italians" Happy TG E

e-commerce directive say they go free (5, Informative)

lordholm (649770) | more than 4 years ago | (#30237046)

Since Italy is in the EU, they are bound by the directive of e-commerse, especially articles 14 (hosting) and 15 (no obligation to monitor) are important:

Article 14 Hosting
1. Where an information society service is provided that consists of the storage of information provided by a recipient of the service, Member States shall ensure that the service provider is not liable for the information stored at the request of a recipient of the service, on condition that: (a) the provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; or (b) the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.
2. Paragraph 1 shall not apply when the recipient of the service is acting under the authority or the control of the provider.
3. This Article shall not affect the possibility for a court or administrative authority, in accordance with Member States' legal systems, of requiring the service provider to terminate or prevent an infringement, nor does it affect the possibility for Member States of establishing procedures governing the removal or disabling of access to information.

Article 15 No general obligation to monitor
1. Member States shall not impose a general obligation on providers, when providing the services covered by Articles 12, 13 and 14, to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity.
2. Member States may establish obligations for information society service providers promptly to inform the competent public authorities of alleged illegal activities undertaken or information provided by recipients of their service or obligations to communicate to the competent authorities, at their request, information enabling the identification of recipients of their service with whom they have storage agreements.

There is no discussion about it, they cannot be found guilty under EU legislation, and if Italy still sentences them, the Italian government can be dragged into the European court of justice, where they will most likely be found to be in violation of the e-commerce directive.

Re:e-commerce directive say they go free (1)

jaggeh (1485669) | more than 4 years ago | (#30237140)

if i had any mod points left this last post would have got them.

Re:e-commerce directive say they go free (1)

pauxu (1660371) | more than 4 years ago | (#30237290)

Article 14 refers to Hosting and aims to protect ISP's, which is not the case: YouTube is not an ISP.But I agree that in this case Google cannot be found guilty.

Re:e-commerce directive say they go free (0)

Anonymous Coward | more than 4 years ago | (#30237472)

It's broader than ISPs -- it's any sort of service provider, including things like YouTube. These provisions roughly mirror the safe harbor provisions granted by the DMCA in the United States.

Re:e-commerce directive say they go free (0)

Anonymous Coward | more than 4 years ago | (#30237482)

I disagree. Please point out how the directive's definition of hosting would not include YouTube.

Re:e-commerce directive say they go free (2, Informative)

Neil Strickland (1064886) | more than 4 years ago | (#30237642)

It is worth noting, however, that directives like this are not self-implementing (see http://en.wikipedia.org/wiki/Directive_(European_Union)) [wikipedia.org]. The Italian government is required by EU treaties to pass laws implementing the directive, but in an Italian court you cannot appeal directly to the directive itself. So the key question here is the wording of the relevant Italian law.

It's a good thing (0)

Anonymous Coward | more than 4 years ago | (#30237148)

It's a good thing Italy isn't a fascist country like America and doesn't recognize common carrier exceptions.

Seriously, though, do they expect those four Google executives to sit and watch every video posted on YouTube and Google Video? No human being can possibly consume that much pr0n.

Simple solution (0)

Anonymous Coward | more than 4 years ago | (#30237170)

Google should just shut off access from Italy.

Have fun guys!

Re:Simple solution (0)

Anonymous Coward | more than 4 years ago | (#30237320)

Or even better, Google should buy Berlusconi's tv channels and then rule Italy forever.

Take your place in line (5, Funny)

starfishsystems (834319) | more than 4 years ago | (#30237190)

Google executives will have to take their place in line.

I plan to launch a similar action against these Italian politicians. After all, it was their country in which the crime took place. They stood by and permitted it to happen, didn't they?

To make matters worse, they haven't even responded to my letter demanding an apology. That's right. I sent it to Gino's Italian Deli in Montreal. It says "Italian Politicians" right on the envelope, so I know that it was addressed properly. If there was any doubt, it could have been forwarded to the Italian postal service.

There is no excuse. These people are criminals.

What is the deal here? (3, Insightful)

DJRumpy (1345787) | more than 4 years ago | (#30237226)

Unless these execs posted the videos personally, why are they trying to hold Google responsible? What kind of mob law does Italy follow? What was done to the boy was reprehensible, and by all means, punish the people who did this to him. I seriously doubt these execs even knew this video existed until someone told them they had been charged. Allowing public anger to dictate who can be charged as a criminal when they have done nothing wrong is just stupid not to put too fine a point on it.

Re:What is the deal here? (4, Informative)

canajin56 (660655) | more than 4 years ago | (#30237726)

As I recall, Google pulled the video within an hour of being notified it was even posted, and identified for police the IP address of the poster, allowing them to catch the actual bullies. The prosecutor is hoping to springboard into real politics by making a name for himself as the man who takes on big evil corporations, and the fact that they did everything right, and broke now laws, and cooperated with police extremely promptly, none of that matters.

Google should black list them (2, Interesting)

OrangeTide (124937) | more than 4 years ago | (#30237304)

They should just blacklist blocks of IPs used by Italian law enforcement and legislature for a few weeks from all of Google's services. The Italian government might be able to arrest them if they visit Italy, but Google can deal with them if they go on the Internet.

Oh sure.... (0)

Anonymous Coward | more than 4 years ago | (#30237420)

I shall create the create nation of "Petertopia" and by Edict all Foreigners individuals and companies with a greater income or wealth of $1,000,000 shall be summarily shoved into the basement and bricked up. Alternatively they can pay a yearly fine of $10,000 each.

Torino has never been a citystate in ancient time (0)

Anonymous Coward | more than 4 years ago | (#30237424)

This story is a complete fabrication. And I should know. I used to drive a Gran Torino. Also, I saw the movie of the same name. Man that was a good movie. I really liked the part where Clint was mad and didn't get along with his neighbors.

Reputation (1)

mseeger (40923) | more than 4 years ago | (#30237460)

The only reason for prosecuting the Google Execs is: It gives more kudos (not within the /. community and only if they win) and press coverage for the prosecutors. So they take the gamble, since most judges are so incompetent about everything concerning the internet.

Yep, again google's fault (1)

hesaigo999ca (786966) | more than 4 years ago | (#30237508)

Like the image of Obama's wife as a money on images.google.com, and everyone seeing an image of a money when they type in her name....it was all their fault for creating such a great search engine that someone could post an image of a money to the web and call it what ever name.

Same thing here , the video is clearly google's fault for letting the video happen, I mean they should have had a multi billion software that is in place and is smart enough to watch the video, and know what is happening and be able to deny it from being posted once someone posts it on youtube or whatever. Come on, where has common sense gone.....I guess these *ssholes really know nothing about computers!

I am Italian - It's not about bullies. (2, Interesting)

Anonymous Coward | more than 4 years ago | (#30237538)

This has nothing to do with the bullies or who uploaded the video but rather our corrupt politicians and their never ending fear of the Internet as a mean for free expression and communications. A few months ago they even made a law proposal for taking restrictive measures (no anonimity), officially to protect children, but the freely downloadable document metadata of the law proposal contained the address of the president of the Italian union of audiovisual publishers. So much for protecting children! That would have been laughable if it wasn't real, sadly it is.
Feel free to search for the Carlucci Law proposal, from the name of Gabriella Carlucci, another -just guess- ex showgirl turned into a politician by that criminal bastard named Silvio Berlusconi.

Can you say "money grab" (2, Insightful)

m509272 (1286764) | more than 4 years ago | (#30237708)

Plain and simple money grab attempt. Shame on these "officials". How about more concern about the victim?

Anonymous Coward. (0)

Anonymous Coward | more than 4 years ago | (#30237742)

In Italy is how things goes.
They search for sensational.
I remember some years ago when they search for 7 C.I.A. agents to punish them for an abduction (they said) of a poor illegal immigrant (a terrorist)

In their mind was a great opportunity to be famous, they don't understand that in this way they shows how stupid they are.
But there isn't anyone over they... and we can't punish them for their stupidity. They are "Untouchables"...
Also if we talk about USA all is allowed.
And Google is from USA and is powerful... so is perfect to pursue.

Heh (0)

Anonymous Coward | more than 4 years ago | (#30237760)

Fail country is fail.

Fuck you, Italy.

What do we learn? (1)

Hurricane78 (562437) | more than 4 years ago | (#30237956)

If you beat someone up, and brag about it by recording it to a video, you get away.
But don’t dare to tell anyone about it, or you go to jail!

It’s like the censorship in Germany: They are actively protecting and supporting what they say they want to prevent.
With the motto “If we close our eyes to rape, it ceases to exist!”.

Load More Comments
Slashdot Account

Need an Account?

Forgot your password?

Don't worry, we never post anything without your permission.

Submission Text Formatting Tips

We support a small subset of HTML, namely these tags:

  • b
  • i
  • p
  • br
  • a
  • ol
  • ul
  • li
  • dl
  • dt
  • dd
  • em
  • strong
  • tt
  • blockquote
  • div
  • quote
  • ecode

"ecode" can be used for code snippets, for example:

<ecode>    while(1) { do_something(); } </ecode>
Sign up for Slashdot Newsletters
Create a Slashdot Account

Loading...