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Edition: U.S. Article Comments (6) Save Email Print Reprints Most Popular Most Shared UPDATE 1-Google execs convicted in Italy for Down's video 4:32am EST Dutch parties tussle over approach to far right 23 Feb 2010 US Jan mass layoffs edge up on weak manufacturing 23 Feb 2010 Pentagon OKs lifting ban on women in submarines 23 Feb 2010 How long can the U.S. dollar defy gravity? 23 Feb 2010 How long can the U.S. dollar defy gravity? 23 Feb 2010 Pentagon OKs lifting ban on women in submarines 23 Feb 2010 Yahoo partners with Twitter to boost social features 1:10am EST Dutch parties tussle over approach to far right 23 Feb 2010 Democrats: Say Goodbye to Wall Street? 7:36am EST SPECIAL REPORT Inside Apple's fortress of secrets Inside a walled city in South China and amid intense security, employees are provided with dormitories, canteens, recreation facilities, even banks, post offices and bakeries. The goal? Keep Apple's secrets. Full Article Apple's iPad e-book store to use DRM: report Mobile operators unite to fight Apple app store Google execs convicted in Italy for Down's video Wed Feb 24, 2010 9:08am EST Related News Google execs convicted in Italy for Down syndrome video 4:05am EST Verdict due in Google defamation case in Italy Tue, Feb 23 2010 Verdict due in Google defamation case in Italy Tue, Feb 23 2010 Italy targets Facebook site attacking Down's kids Tue, Feb 23 2010 Italy targets Facebook site attacking Down's kids Tue, Feb 23 2010 Bill Echikson, senior manager of communications of Google Inc, speaks to the media after a court passed the sentence for three Google executives in Milan February 24, 2010. Credit: Reuters/ Paolo Bona MILAN (Reuters) - A Milan court convicted three Google Inc executives on Wednesday for violating the privacy of an Italian boy with Down's syndrome by letting a video of him being bullied be posted on the site in 2006. Technology | Media | Italy Google will appeal the six-month suspended jail terms and said the verdict "poses a crucial question for the freedom on which the internet is built," since none of the three employees found guilty had anything to do with the offending video. "They didn't upload it, they didn't film it, they didn't review it and yet they have been found guilty," said Google's senior communications manager, Bill Echikson, in Milan. The court convicted senior vice-president and chief legal officer David Drummond, former Google Italy board member George De Los Reyes and global privacy counsel Peter Fleischer. Senior product marketing manager Arvind Desikan was acquitted. The executives, none of whom are based in Italy, do not face actual imprisonment as the sentences were suspended, while an appeals process in Italy can take many years. They were not in Italy for the hearing. Drummond is based in California, Fleischer in Paris and Desikan in London, while De Los Reyes has since retired, Echikson told Reuters. The complaint was brought by an Italian advocacy group for people with Down's syndrome, Vivi Down, and the boy's father, after four classmates at a Turin school uploaded a clip to Google Video showing them bullying the boy. "A company's rights cannot prevail over a person's dignity. This sentence sends a clear signal," public prosecutor Alfredo Robledo told reporters outside the Milan courthouse. Down's syndrome is the most common genetic cause of mental retardation, occurring in about 1 out of 700 live births. The video was filmed with a mobile phone and posted on the site in September 2006. "THREAT TO NET FREEDOM" Google argued that it removed the video immediately after being notified and cooperated with Italian authorities to help identify the bullies and bring them to justice. It says that, as hosting platforms that do not create their own content, Google Video, YouTube and Facebook cannot be held responsible for content that others upload. Drummond said in a statement the verdict "sets a dangerous precedent" and meant "every employee of any internet hosting service faces similar liability." He said the law was clear in Italy and the European Union that "hosting providers like Google are not required to monitor content that they host." Fleischer said if employees were "criminally liable for any video on a hosting platform, when they had absolutely nothing to do with the video in question, then our liability is unlimited." The prosecutors accused Google of negligence, saying the video remained online for two months even though some web users had already posted comments asking for it to be taken down. Down's syndrome support group Vivi Down said in a statement that it was "very satisfied" with the guilty verdict. Censoring of web sites has become a hot issue in Italy in recent months, following a spate of hate sites against officials including Prime Minister Silvio Berlusconi. The government briefly studied plans to black out Internet hate sites after fan pages emerged praising an attack on the premier, but the idea was dropped after executives from Facebook, Google and Microsoft agreed to a shared code of conduct rather than legislation. (Additional reporting by Emilio Parodi and Eleanor Biles; writing by Stephen Brown in Rome; Editing by Elizabeth Fullerton.) Technology Media Italy Comments See All Comments (6) | Post Comment Feb 24, 2010 8:20am EST The genetic disorder is actually Down syndrome and not Down’s Syndrome. Also, retardation is no longer “politically correct”. The term to use now is developmentally delayed. As a mother of a 10-year daughter with Down syndrome, it frightens me that this behavior goes on, but that Google allowed it to be uploaded to their site. cnwwebb Report As Abusive Feb 24, 2010 8:35am EST I don’t think it is fair that Google be prosecuted. 1) They actively removed the video. 2) They used the video to actually help find the bullies involved. How on Earth does this make them guilty ?? You tell me. Aussieme Report As Abusive Feb 24, 2010 9:09am EST It’s not right that Google was found guilty. They guilty parties are those that bullied the child and posted the video. Google is a place where people can upload and share information. Google is not responsible for what others do. That would be like charging a landlord with indecency because his tenants engage in particular sexual practices in the home. The landlord has nothing to do with what a person does in their home. Likewise Google has nothing to do with what people post on the web. They will take down offensive content if notified. But that doesn’t make them responsible for what others do. Benny_Acosta Report As Abusive Feb 24, 2010 9:24am EST This ruling and the Italian government in general is retarded. This whole affair is a perfect parallel the retard people who banned pork to prevent the spread of swine flu. Followed to its logical conclusion, this ruling would prevent google from being a conduit of free speech in places like Iran and China where free speech saves lives daily. Freedom of speech is such an important and powerful thing that the “dignity of an individual” would be insignificant in comparison. That is to say the argument that some video of a person with down syndrome being abused damages their dignity is absurd. Only a child would think in such a manor. The only dignity damaged by such a video are the bullies themselves. Adults should understand and feel compassion for the victim – that does not diminish the victims dignity. Should we also ban videos of the tragedy in Haiti because they should have stood up to the earth quake? What kind of retarded thinking is this? riluve Report As Abusive Feb 24, 2010 9:37am EST This whole affair is a perfect parallel to the people who banned pork to prevent the spread of swine flu. Followed to its logical conclusion, this ruling would prevent google from being a conduit of free speech in places like Iran and China where free speech saves lives daily. Freedom of speech is such an important and powerful thing that the “dignity of an individual” would be insignificant in comparison. That is to say the argument that some video of a person with down syndrome being abused damages their dignity is absurd. Only a child would think in such a manor. The only dignity damaged by such a video are the bullies themselves. Adults should understand and feel compassion for the victim – that does not diminish the victims dignity. Should we also ban videos of the tragedy in Haiti because they should have stood up to the earth quake? riluve Report As Abusive Feb 24, 2010 10:57am EST This is ridiculous! If an offensive poster is placed on a billboard that is attached to a private wall, and the owner takes down the poster as soon as notified, will the owner be legally responsible for having violated the right of the offended individual? The verdict against Google seems to indicate that the owner will be. Is there a precedence for this? doctorbabaguy Report As Abusive See All Comments (6) Add a Comment More from Reuters Bernanke says rates to stay low for long time WASHINGTON (Reuters) - Federal Reserve Chairman Ben Bernanke told Congress on Wednesday that a weak job market and low inflation would likely allow the central bank to keep interest rates at very low levels for "an extended period." Senate passes $15 billion jobs package New home sales hit record low Obama to appeal to business chiefs on job creation Google execs convicted in Italy for Down's video Toyoda arrives for grilling in Congress | Video » More Top News Grilling to test Toyoda's mettle Toyota's chief faces Congress amid allegations the automaker deliberately avoided a recall to save money. Follow our live coverage at 11 a.m. ET. Full Article Braced for tough questions Factbox: What will change? Video: Toyota driver's accelerator panic Autos Vancouver 2010: Yuna shows a license to thrill Kim Yuna's Bond Girl skating routine ended with a mimed pistol firing -- a warning shot to the South Korean's rivals. Full Article | Slideshow A crush that led to Olympic gold Games enthralled by emotion on ice Canada's men's hockey regains footing 2010 Winter Olympics © Copyright 2010 Thomson Reuters Editorial Editions: Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom United States Reuters Contact Us Advertise With Us Help Journalism Handbook Archive Site Index Video Index Analyst Research Mobile Newsletters RSS Podcasts Widgets Your View Labs Thomson Reuters Copyright Disclaimer Privacy Professional Products Professional Products Support Financial Products About Thomson Reuters Careers Online Products Acquisitions Monthly Buyouts.com Buyouts Europe: Buyouts Conferences: Venture Capital Journal EVCJ International Financing Review International Securitisation Report Project Finance International PEhub.com PE Week Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests. NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.

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