Move On, Rumormongers: The iPhone Is Finally Real

Brazilian Judge Taught Just A Little About The Internet; Lifts YouTube Ban

from the shouldn't-he-have-done-that-first? dept

Tue, Jan 9th 2007 12:11pm — Mike Masnick

It's become quite common for judges who don't quite understand technology to make bad rulings in technology-related cases. Smart judges at least make an effort to actually understand the technology, but you would think they should do so before ordering things to be shut down. Last week, we told you about a Brazilian judge ordering YouTube offline because some people had seen a video on the site of a well-known Brazilian model having sex on the beach. Even though YouTube had removed the video, others had put it back, and so the judge demanded that YouTube be taken down. Barring that, he suggested that ISPs step up and block YouTube, which apparently a few of them have done. However, at some point, the judge apparently got a slightly better understanding of how the internet worked, and has now lifted the original order, while demanding an explanation for why these ISPs can't just block the video, but leave access to the rest of YouTube. So, apparently, it's now clear that banning all of YouTube over one video is inappropriate, but the lessons haven't reached the point where the judge understands that banning anything online, or expecting an ISP to be able to block just a certain video is impossible.

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24 Comments

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Anonymous Coward, 9 Jan 2007 @ 12:31pm

Every time I read a story like this I remind myself, "That's what they get for not being born in America"
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Anonymous Coward, 9 Jan 2007 @ 12:31pm

We should block the tube but allow you...
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Anonymous Coward, 9 Jan 2007 @ 12:38pm

Re:
The problem isn't limited to non-Americans. Unfortunatley there are people who were born in this country and given the chance to free education but are still so ignorant they can't read, let alone understand the internet.
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Ed Norton, 9 Jan 2007 @ 12:38pm

I've got a better Idea tell the model not to have sex in public or would this be too easy. Shouldn't the model be busted for committing a lude act in a public place. I think the judge missed the point here it may vary from USA to Brazilian law but anything that happens in public is subject to public scrutiny and you may video and audio in public because of implied consent of being in a public place.
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misanthropic humanist, 9 Jan 2007 @ 12:58pm

bikini politics
Good lord that was quick. She's hardly got her knickers back on.
Oh well, Ms Cicarelli has done her stint for Brazil and her career in ..er whatever she does with her knickers off. And, to boot the Brazillians had a cheap pop at USA - what with them, Venezuela and Chile all poking the yanks with a sharp stick these days. (In case you didn't know they are forming their own South American trade block to get you guys back for the coups and military dictatorships you so nicely organised for them.) This is probably the first of many stories where the South Americans make a show of asserting themselves. How much more polite can you get than a ruse with a spicy little senorita?
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capitalist, 9 Jan 2007 @ 1:08pm

Re: bikini politics
And in other news today, Chavez stated his intent to soon nationalize many industries.

And their market tanked around 10% last I checked.

As will their economy as a whole if he keeps it up.

Let them be petulant little children all they want; I was short a couple South America ETF's today, covered before the close though in case of a bounce. They're only hurting themselves, and being picky on who they get angry at anyway; we 'yanks' can't hold a candle to the protectionist King, the EU.
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Anonymous Coward, 9 Jan 2007 @ 1:16pm

Re: bikini politics
Yep, it seems that blaming the U.S. for all your problems is de rigeur these days. Just like people use to blame witchcraft for everything wrong in the world -- of course, they didn't credit witchcraft with everything right in the world. Exactly how everyone views the U.S.: Bush is a boogeyman, but our own fine elected (or self-appointed...) officials are above reproach. Yesterday it was all the CIA's doing, today it is YouTube's fault, tomorrow it will be something else. So boring....
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CyberTech, 9 Jan 2007 @ 1:27pm

Like the American's know better
You have any idea how many times I've tried to view a website in the US just to find that I have been locked out by US ISP's because my IP address isn't in the US but from Canada.

American's like to think they aren't banning anything...I beg to differ. Try looking at your country from outside your little bubble.
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Bob Jones, 9 Jan 2007 @ 1:38pm

Which sites ISPs block because of Canadian IP addresses?

The only US sites I have not being able to view in the UK are sites with US-only content, or that which is distributed by a different company outside the US, like online streaming of US shows - plus, the IP blocking is done by the site owner.

Why would you even end up on an US ISP, Internet Service Prodivers provide the Internet to customers - so you'd have a Candian one.

You're talking crap no doubt.
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Wolff000, 9 Jan 2007 @ 1:43pm

No One Cares
Does anyone really give a damn what Brazil is blocking or not? There are actually more important issues out there to be addressed. I'm not knocking Techdirt for reporting this they are far from the only ones reporting the story. My beef is with the people that make this some international issue because it isn't. Yes Youtube is based in the US and Brazil is well Brazil but this is between Yuotube and some Brazillian law types not the whole US. Besides does anyone any where besides the folks in Brazil care if they block Youtube? Personally I could not careless about this there are more important issues at hand. Like what will Britney Spears next album be like.
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Bumbling old fool, 9 Jan 2007 @ 1:57pm

Re: No One Cares
Yes, alot of people care.

The net neutrality bomb is ticking and its bad enough when its a "US tryign to regulate itself" timer on the bomb, but when you have unstable governments from other countries adding to its instability, things could quickly spiral out of control in many dangerous ways.
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Reed, 9 Jan 2007 @ 2:00pm

Re: Re: bikini politics
"And in other news today, Chavez stated his intent to soon nationalize many industries."

And this has what to do with Brazillian internet problems?

"And their market tanked around 10% last I checked."

Woah a whole 10%! I am sure this means something to someone, not.

"As will their economy as a whole if he keeps it up"

And what about every western European country that has gone the way of socialism? Are they all losing money now...? Get over your pro-capitalistic fantasy and start examining how many socialistic principles exist in the USA and how many limitations we put on capitalism.

At any rate, I was wondering why the Brazillian government is giving this model the time of day. If She is enough of a slut to bump and grind in the surf who cares if someone recorded it?

Was this a private beach? If so maybe I could see some "violation" of privacy. Otherwise I tend to agree with everyone here that if you do it in the public eye you deserve to have your romp posted on the Internet.
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Overcast, 9 Jan 2007 @ 2:11pm

I didn't know a thing about it, until I read the news he tried to get it off the web!!

LOL!!!

Same with like 85% of the big news I do read - didn't know a thing about it until I read about someone trying to block it.

You know why? Some of the BIGGEST news today is people trying to squelch free speech.

Go ahead - try, and it will blow up like a powder keg in your face.
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chris (profile), 9 Jan 2007 @ 3:23pm

Daniella Cicarelli is far from innocent
do a google image search for her... of the 600 results you might find a dozen pictures of her where she isn't in a bikinni or her underwear.

i have seen the video, it's not something you should let the kids watch, but not exactly pr0n either.

there is some serious "over the swimsuit" action, but the real shameful stuff happens in the water. i would put it on the same level as the britney spears commando buzz that happened last month.
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UniBoy, 9 Jan 2007 @ 3:47pm

Someone just tell the judge...
Yo, judge, the Internet is designed to root its way around censorship. He might grasp that.
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Anonymous Coward, 9 Jan 2007 @ 4:31pm

"Taught" or "Thought"? Hmmmm.....
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Rafael, 9 Jan 2007 @ 5:44pm

The real video, check here !
http://video.google.com/videoplay?docid=-3685865603204170653&q=praia
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Hermenauta, 9 Jan 2007 @ 6:03pm

from a brazilian
Hey dudes, Some highlights: 1) too much talk about "brazilian government" here. As many other countries in the West, Brazil is a classical three-branched state (a lesson taught to the world by the Framers, after some careful reading of Montesquieu). So, like it happens in the USA, the decisions that come from the courts are not "government decisions", or at least not decisions by the Executive or Legislative branches. 2) La Cicarelli is a serial troublemaker who managed to end her very profitable wedding with soccer player Ronaldinho just by sable-rattling with another girl who once teased her former boyfriend. She is dumb, but after all got a lot of publicity thanks to this brand new (and what a brand) shameful episody. 3) I'm pretty sure Brazil isn't the first neither the last country where a judge have to cope with the consequences of bad training dispensed to the judicial career in terms of technology: http://archives.cnn.com/2000/LAW/law.and.technology/10/02/tech.court/ It's pretty much the same picture all around the developed and developing world when judges must rule about issues they don't understand, and all the fuss about specialized courts is the direct consequence of this.
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capitalist, 9 Jan 2007 @ 6:39pm

Re: Re: Re: bikini politics
First of all, it didnt have anything to do with the internet problems, but the post was responding to, or more accurately, a segway to a point I wwas making about their OWN self-inflicted problems. Not my fault you can't understand it.

Second of all, just because you're not economically sound enough to be saving for retirement and managing your own finances in a responsible manner doesn't mean everyone else is also fulfilling the American stereotype of living paycheck to paycheck. Those invested in South American funds, which have been hot these past couple years, took it on the chin in a bad way today, and billions of dollars worth of wealth were probably lost at the flick of Chavez's wrist. The financial world doesn't revolve around you.

And regarding western Europe, again, your ignorance regarding the long term growth rate gap (plus current-day differences in unemployment, business climate, and the potential for social upward mobility) and the effect it'll have on widening the standard of living between America and Europe over the next couple decades is also clear. Even a 1% faster growth rate for our economy, which is already ahead by a sound margin, over 50 years will be extremely impressive. Not that Europe will survive that long on socialism; they'll have some social unrest (those riots in France was merely the thunder from over the horizon), figure out what the developing world is figuring out (Hong Kong, most capitalist state on Earth, astounding sustained growth, puts NYC to shame in grandeur) and they'll open up their economies.
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Hermenauta, 9 Jan 2007 @ 10:02pm

Capitalist, Hong Kong, "most capitalist state on Earth", isn't a state anymore but part of the Popular Republic of China. It's up to you decide what China is.
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Enrico Suarve, 10 Jan 2007 @ 1:32am

Re: Re: Re: Re: bikini politics
Not that Europe will survive that long on socialism; they'll have some social unrest (those riots in France was merely the thunder from over the horizon)

Wow Europe (France especially) is socialist?

You sleep in once and miss all the good stuff...

Actually on the whole Europe is anything but - the president in power in France at present, Jacques Chirac, is actually quite right wing. The socialist party in France didn't even get enough votes in the last presidential election to make it through to the second round, and the final elections were between the 'rally for the republic party' (right wing) and the 'national front' party (VERY right wing)

The riots were actually in reaction to the way the immigrant population (and its French born children) perceives the right wing leadership in place treats them. Kind of like the recent protests by immigrant populations in the US mixed with the civil rights riots of the 1960s

I don't know much about economics but if your economic sense is anything like your political one I may consider heavy investment in South America!
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chris (profile), 10 Jan 2007 @ 5:54am

Daniella Cicarelli is far from innocent
do a google image search for her... of the 600 results you might find a dozen pictures of her where she isn't in a bikinni or her underwear.

i have seen the video, it's not something you should let the kids watch, but not exactly pr0n either.

there is some serious "over the swimsuit" action, but the real shameful stuff happens in the water. i would put it on the same level as the britney spears commando buzz that happened last month.
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Reed, 10 Jan 2007 @ 1:28pm

Re: Re: Re: Re: bikini politics
"First of all, it didnt have anything to do with the internet problems, but the post was responding to, or more accurately, a segway to a point I wwas making about their OWN self-inflicted problems. Not my fault you can't understand it."

Does anyone understand this guy? Seriously you must be a real brain or a total kook. :)

"d billions of dollars worth of wealth were probably lost at the flick of Chavez's wrist. The financial world doesn't revolve around you."

Dude, your just a whiny investor that has no idea what is really going on. You should watch the Revolution will not be Televised a documentary about Chavez and the troubles with capitalism and big money.

Chavez sees something better for the poor than being raped by North American business, that means YOU.

"Second of all, just because you're not economically sound enough to be saving for retirement and managing your own finances in a responsible manner doesn't mean everyone else is also fulfilling the American stereotype of living paycheck to paycheck"

You make a lot of assumptions, but you point out something very true in America. No-one accept a small minority is actually making it anymore. Capitalism without limits and guards is extremely destructive. I am not a fan of privatization and all the public services that have gone this way have stopped paying their employees a livable wage and they also provide horrible service. Then on top of it there is no oversight for them, if you have a problem licensing your vehicle (Washington state privatized this awhile ago) you are out of luck because it is a private not public business.

"Not that Europe will survive that long on socialism."

Blow that propaganda out your butt. The USA is a socialist country in many regards (Hear about Arnold'[s plan for Universal Health Care, pure socialism) and Western European countries have been following the socialist model far longer than we have been practicing new federalism.

You really need to study this stuff critically and understand the world is more complex than just capitalism or socialism! (IE: there are many shades between black and white :)
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SFGary, 10 Jan 2007 @ 3:59pm

Re:
She would not understand what you are saying. The more beautiful a woman is the less smart she is or will have less common sense. Look at our own homegrown "beauties" that behave badly, they think they can get away with anything.

Sadly the moron gene gets passed on sometimes when they marry their male counterpart and breed...
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