Should Google execs be held responsible for illegal video uploads?
Four Google executives are in court in Italy today facing charges related to a video that was posted on the Italian version of Google Video in 2006.
This isn't the first time that Google has faced pressure because of videos that were illegally uploaded to Google Video or YouTube. But this time we're not talking about copyrighted music videos or movies. The video in question shows four kids harassing a boy with Down Syndrome. Google removed the video after receiving a complaint. But Italian authorities filed criminal charges of defamation and violation or privacy.
The case seems a bit ridiculous. On the one hand, it's horrible that people would make videos of offensive content and upload it to a site like Google Video. On the other, should Google be held responsible, or should the kids who created the video?
What do you think? Is this like suing paper manufacturers for creating a product that can be used to send death threats and ransom letters? Or is it different because Google could theoretically exert more control over the content that's uploaded to its servers?
This isn't the first time that Google has faced pressure because of videos that were illegally uploaded to Google Video or YouTube. But this time we're not talking about copyrighted music videos or movies. The video in question shows four kids harassing a boy with Down Syndrome. Google removed the video after receiving a complaint. But Italian authorities filed criminal charges of defamation and violation or privacy.
The case seems a bit ridiculous. On the one hand, it's horrible that people would make videos of offensive content and upload it to a site like Google Video. On the other, should Google be held responsible, or should the kids who created the video?
What do you think? Is this like suing paper manufacturers for creating a product that can be used to send death threats and ransom letters? Or is it different because Google could theoretically exert more control over the content that's uploaded to its servers?













Comments
12
Subscribe to commentsXerloqFeb 3rd 2009 12:25PM
No they shouldn't be held responsible, anymore than the ISP is that delivered it, or the computer manufacturers who "allowed" the content to be displayed on Italian users machines.
Only the user who created the content should be responsible.
Juliana PeñaFeb 3rd 2009 12:55PM
If Google moderated every single video before posting it, it would take ages and a ridiculous amount of manpower. Last I hear, 3 hours of video are uploaded every second to YouTube. With these numbers, moderation would take so long that it would cripple the service.
Instead, Google, and other owners of user-created content websites, expect the users to moderate themselves by giving them the option of "reporting" a video or other content. And of course, there are Google employees that moderate the content *after* it is posted.
Let's not cripple the service. YouTube is awesome because it lets us post videos immediately and lets us watch the latest videos. My applying pre-posting moderation, this feature would be gone.
I'm sorry for the boy who had to suffer through this. Something simmilar happened a couple of years ago at a local school, and nobody ever sued YouTube. Instead, they punished the bullies who posted the video and made them take it down themselves.
Eli GundryFeb 3rd 2009 6:39PM
Your absolutely correct. Another example of what your talking about (kind of) is Star Wars kid. After that video got posted, he had some serious mental problems. Did he ever file suit against YouTube? No.
aFeb 3rd 2009 1:21PM
It's the same question as "should Walmart be held responsible for selling knives."
The kids could've harassed or bullied any other way and Google shouldn't have anything to do with it.
bobbywigsFeb 3rd 2009 1:22PM
lawyers will sue anything remotely linked to a case. debating the common-sense merits of such things is usually pointless.
Alan WilliamsonFeb 3rd 2009 1:22PM
There are a number of issues at play here that could really set a major trend if we are not careful. Picture of you will the executives being convicted and then having a warrant issued for their arrest. Will the Italian government ask the US government to hand them over? Will the US government do so? What does this mean for other US companies operating within Italian? Will Italy suddenly become a no-go-zone?
I am glad the Italians choose to fight Google on this and not a smaller player. Google has the deep deep deep legal pockets to fight this and hopefully win. If anything its a fight for common sense.
The bullies in question have been since disciplined, so really, what is the Italian authorities hoping to gain here?
richardFeb 3rd 2009 1:33PM
clearly it is the makers and uploaders of the video who are in the wrong here, any court should be able to conclude that. Google can't be expected to moderate every single video that gets uploaded, nor should they be held responsible for a video made by a group of bullies.
JackFeb 3rd 2009 1:39PM
That's ridiculous. Google shouldn't be held responsible for the content created by a user which was uploaded onto their site. If Google moderated absolutely everything that was uploaded to Google Video/Youtube all the time, it would be crazy.
RidgecityFeb 3rd 2009 1:47PM
Italia is such a corrupt country than this is obviously a case to leech money from Google, now that their economy is on brink of collapse, maybe they should start educating their youth so they don't harass other people, which is alarming considering their statistics says than 1 in every 2 men are gay, can't imagine what kind of life these guys get over there...
Jeff YablonFeb 3rd 2009 2:13PM
Not illegal in the US . . . probably . . . as we seem to work on the notion that being a step or two removed provides insulation as long as you act responsibly when faced with the bad stuff you are attached to.
In Europe, on the other hand, the rules are different. BAsically, everyone is responsible for everyone.
It is what it is . . .
Jeff Yablon
Virtual VIP
LeisureguyFeb 3rd 2009 3:07PM
Sure they should. And shoe store owners should be held liable if someone robs a bank wearing shoes that they bought in the store.
boogster1Feb 4th 2009 7:39AM
Google is going EXTREMELY too far on being too accurate to spot an inappropriate video. I wish they'd calm down...a lot