Italian Prosecutor Still Wants To Put Google Execs In Jail Because Of A Video Uploaded By Some Kids

from the secondary-liability-mess dept

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Back in 2008 we were amazed that prosecutors in Italy were seeking to put four Google execs in jail, claiming that they were liable for a video that was uploaded to Google video, showing some kids mocking another child who is autistic. Google even took down the video after being notified of it -- and the video itself was evidence used to go after the kids for their actions. And yet, for reasons that still make no sense, prosecutors deemed that four Google execs should be foundliable for the fact that some kids uploaded that video. The execs in question did not taunt the child. They did not make the video. They did not upload the video. They were unaware of the video's existence. It is solely because they work at Google, and Google was a tool used by these kids, that prosecutors went after them.Making matters even more ridiculous, three of the four execs were then found guilty and given "suspended" 6 month jail sentences (meaning they didn't actually have to go to jail). A reading of the ruling by an Italian legal expert noted that the judge appeared to confuse different parts of the law to come to that conclusion. Part of the issue was that because some users "complained" in the Google Video comments, prosecutors claim that Google should have known and taken down the video (because, they apparently think that people at Google read every single comment).Google appealed, of course, and Italian prosecutors are still arguing that the execs belong in jail for reasons that still escape me. At best, all this is doing is telling tech execs to not do business in Italy, because the country apparently has completely wacky secondary liability laws that mean you might be criminally liable (i.e., face jailtime) if anyone uses your service to do something mean to another person. The easiest way to avoid that kind of liability: don't do business in Italy at all.

Filed Under: italy, secondary liability, videos

Companies: google