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Nov 06 2008 9:54am EDT

Italy May Go After Google Execs for Teen Vid

Ars Technica reports: When Internet video hosts get dragged into the court room, chances are good they're getting sued for something related to copyrighted material. But rumors have persisted since July that Google execs might get hauled before a judge in Italy to answer to charges of defamation for a video that briefly appeared on Google Video Italia. Now, sources are saying that charges have been filed against individuals that include Google's Chief Legal Officer in a case where the actual perpetrators may walk.

The problems apparently started in 2006 with a very low-tech hazard: a group of bored teenagers. The teens decided to harass another youth with Down Syndrome, both verbally and by hitting him on the head with a box of tissues. Things went high-tech because one of the kids had a cell phone, and recorded video of the abuse. The kids then put the video online using Google Video Italia.

At that point, their involvement largely ends. According to reports that date from the time the rumors about Googlers facing charges first surfaced, the kids can get off without any charges provide they convince an Italian judge that they've changed their ways and will stay out of trouble.

The three-minute video itself had an extremely short history at Google Video Italia; complaints were lodged, and it was pulled within a couple of hours. But an Italian Down Syndrome support group called Vivi Down apparently decided that it should never have appeared in the first place. The group filed a complaint that resulted in a two-year investigation. Rumors about the case apparently started when the investigation wrapped up.

According to sources that spoke to Reuters, charges have now been filed. The defendants, who apparently include the Google's Chief Legal Officer, David Drummond, have been ordered to appear in Milan to defend themselves against charges of defamation and failure to exercise control over personal data. Proceedings are expected to begin in early February.

Clearly, Google is not interested in letting this case set a precedent. The company is clearly protected by safe harbor provisions in the States, but may face a patchwork of local regulations overseas. Chances are that the company will try to find something in EU laws that will both clear it in the Italian case and ensure that other countries in the Union can't hit it with similar charges.

Ars contacted both Google and Vivi Down for comment on the case but, as of the time this article was released, neither responded.

Also on Ars Technica:


Laura Rich is a co-founder of Recessionwire, which provides news, advice, perspective and humor about the recession and the recovery.

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