Court in Sao Paulo orders YouTube to take down anti-Islam film or face $5,000 a day fine

http://en.wikipedia.org/wiki/Hate_speech#Brazil

In Brazil, according to the 1988 Brazilian Constitution, racism and other forms of race-related hate speech are "imprescriptible crime(s) with no right to bail to its accused".

Any DU lawyers in international law here? I'm very curious about this.

Can't really see Youtube pushing their luck - Brazil could shut them down completely if they wanted to. Your constitution has no merit or meaning outside of the US so don't quote freedom of speech.

Brazil can block access for people within Brazil. But they have no power over an American company that operates outside of Brazil.

Lets see Brazil try to block google and youtube. Let's see what their population does in response.

This ruling is hollow. Courts in other nations have no jurisdiction over American companies that operate outside their borders.

They're determining what can and cannot be accessed within their own borders.

And the guys at Google could cut off all of Brazil and not even miss them.

It would be more interesting if Google cut off all access from a nation's IPs to all of their services. Better still if ISP and transit carriers declined to carry packets from those IPs. All of that is perfectly legal and might get their attention.

On edit: Other sites are claiming this particular order is for international take down. Hard to tell one way or the other right now.

largely on advertising revenue. I can just see them wanting to shut that down.

at negligible financial risk. Unlike some nations what want to cloister themselves, Brazilians will be most upset if they loose access or better yet transit for packets from their IPs

especially from one is so in favor of 'free speech'

I was a very active member in the early spam wars. Spammers were furious when they found out they could be blocked, their ISP would cut them off and as a result they were losing connectivity on a regular basis. All without government action or recourse in the courts. All it took was entries in Spamhaus, SPEWS etc. The Internet runs collaborative on mostly private resources. Its also designed to find ways around disruptions and outages. No one ever said the packets must go through.

We went through some of this earlier with memorabilia auctions and the like. National sovereignty stops at the border. The idiot judge could order the transit carriers in Brazil to block that URL or that server (Youtube). He lacks any standing to fine Youtube or Google. Its not clear if they were even notified or present in court for this farce. If the national government supports him, this can be addressed, without courts or governments. They won't like it and they will have no recourse. At some point the Brazilian government will step in and either shut him down or limit it within their borders.

The Internet is mostly privately owned, and there is no authority that required that I accept your packets onto my network. As some spam friendly ISPs have found, its a lot easier to get into the deny tables than out of it. At one point Moldavia was a real Internet pariah. A lot of places have never unblocked them...

and a host of other countries have made the same request would you have them all cut off, or only the poor ones?

Most places are describing this as an international take down order, not just domestic. That is the issue.

the order can not be considered international not to mention any arrest orders only apply to Googles Brazilian head

eta

Other countries have also tried long arm bullshit in the past, including the US

Youtube is part of google which is an American company.

Congress shall make no law means congress shall make no law. Even bigots have free speech rights.

wait for it... the U.S.

It issuing such an order to Google/Youtube is hubris at its best. It could order the URL or server blocked in Brazil by the national transit providers, but that is about it. Youtube/Google/Ebay have all been down this road. They know how to handle it.

The real concern is if the judge continues to play stupid and the net admins decide to act. Its easy to block of Brazil's IP space and there is no way to find out how wide the blockage is or legal recourse to get it unblocked.

fucking idiot judges

Admittedly, the video is awful but if we start taking down all the stuff that someone thinks is awful then we will only have videos of stupid pet tricks.

stupid pet tricks are AWFUL!

Or other TV shows that mock various religions?

Brazilian courts have prosecuted pro-marijuana demonstrators for "apologia for drug use."

I'll have to read up and learn more.

on coffee at their corporate headquarters. Chump change.

Fuck anti-freedom, authoritarian bullshit.

Fuck people who root for curtailing expression.

Fuck the Heckler's Veto.

but this is equally important from the OP's link :

"The ruling adds a legal hurdle to Google's attempts to expand in Brazil. In recent weeks, Brazilian courts have repeatedly ordered the company to remove content from YouTube that was found to violate the country's strict electoral laws, and a judge on Tuesday ordered the arrest of the head of Google's operations in Brazil for failing to remove the offending videos."

but certainly I did not miss that part

A little IP space blocking might also get their attention.

All this has done is draw more attention to it for the Brazilian population. And anyone who actually wants to can circumvent regional blocks anyway.

You don't think Chinese citizens find ways around the Great Firewall?

Its in Brazil guys. They can do whatever they want in their own country.