Source:
New York TimesItalian Judge Cites Profit as Justifying a Google Conviction
By ELISABETTA POVOLEDO
Published: April 12, 2010
ROME — An Italian judge convicted three Google employees in February of violating privacy laws because the Internet company had sought to profit from a video of an autistic boy being bullied by classmates, according to a judicial reasoning in the case released on Monday.
That verdict was the first to hold the company’s employees criminally responsible for content posted on its system. It prompted outrage on the part of the American ambassador to Italy and widespread accusations that the Italian judiciary was trying to muzzle a free Internet.
But in the 111-page reasoning, the judge, Oscar Magi, said that the Internet was not an “unlimited prairie where everything is permitted and nothing can be prohibited.” Instead, he wrote, there were laws regulating behavior and if those laws were not respected, “penal consequences” could ensue.
On Feb. 23, Judge Magi handed three Google employees six-month suspended sentences but cleared them of defamation charges. In Italy, corporate executives are held legally responsible for a company’s actions. Judge Magi said that Italian defamation law did not apply in this case, and he wrote that he hoped that that legal void could be filled.
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http://www.nytimes.com/2010/04/13/business/global/13google.html?ref=world