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The Court of Milan has made public the decision in the criminal trial against four Google executives, charged of defamation and illegal personal data handling in relation to the publication on the video-sharing platform Google Video of a video containing an act of bullying against a person suffering from Down’s syndrome. The Court acquitted all the defendants on the charge of defamation, but found two managers and a former executive of Google Inc. liable for the illegal personal data handling. The case concerned a teenage boy with autism who was bullied by some classmates at a school in Turin in...

In two decisions handed down on 9 and 14 April 2010, the Paris Court of Appeal has confirmed the qualification of Google Vidéo and Dailymotion as hosts for sites storing audiovisual content in cases brought by the rightsholders of a film (“Le Monde selon Bush”) and of sketches (by the comedians Omar and Fred) who complained that their works had been put on line without their authorisation. These decisions have been awaited with interest, since they come after the Tiscali decision handed down by the Court of Cassation on 14 January 2010 (see IRIS 2010-2: 1/16), which attracted much comment. The...

On 6 May 2009 the court of appeal in Paris delivered a notable decision on the first dispute to be submitted to the French courts on the liability of video-sharing platforms. The director and the producer of the film “Joyeux Noël” claimed that the company Dailymotion allowed the film to be viewed using streaming technology despite having been sent formal notice to withdraw the film. The regional court of Paris had found in favour of the rightsholders on 13 July 2007 and held the company Dailymotion, categorised as a host service provider, guilty of infringement of copyright in respect of the film...

On 15 April 2008, the 3^rd chamber of the Regional Court in Paris delivered two noted decisions in two very similar disputes (even down to the wording of the judgments), between comedians (Jean-Yves Lafesse; Omar et Fred) and Dailymotion, on the grounds that extracts from videos of their sketches had been made available on its video-sharing platform. Once again (see IRIS 2008-4: 13 and IRIS plus 2008-5) the question arose concerning the uncertainty of the border between editor and host and of the scheme of liability of video-sharing sites in the event of the unlawful exploitation of audiovisual...

On 6 March 2007 the Istanbul First Criminal Peace Court ordered a blockage of any access to YouTube.com, a popular video-sharing website. The subject of the court ruling was a video that was deemed to insult Mustafa Kemal Ataturk, the founder of modern Turkey. In the week preceding the Court's decision, the internet platform YouTube was used as a platform for a virtual conflict between Greeks and Turks who were placing videos on the website with offensive contents. According to news reports, the video, which was the subject matter in the dispute at hand, contained the statement that Ataturk and...