Brazil Orders YouTube Shut Down

A Brazilian court agreed yesterday that until YouTube completely removes a sex tape, it should be shut down, according to Reuters.

The tape shows Daniela Cicarelli, a model and ex-wife of Ronaldo, having sex with her boyfriend at the beach. Cicarelli sued last year to get the video off the site and YouTube complied, but YouTube users, as they are wont to do, reposted it. We couldn’t find the clip this morning but perhaps someone with better powers of search term deduction will succeed.

Three lawsuits later, Cicarelli has been unable to get YouTube to take all copies of the video down or to win the $116,000 in damages she sought for each day the video remains up, so now she’s gotten a Brazilian court to ask that YouTube be taken off the air entirely. Reuters helpfully checked with legal experts and said that U.S.-based Google, owner of YouTube, is unlikely to comply.

Though YouTube prohibits pornography and other obscene material, and plays by the letter of the law of the Digital Millennium Copyright Act (meaning it takes down videos within 10 days of receiving complaints about misused content), the company relies on community flagging to screen its large daily influx of videos. The company had promised it would implement digital screening technology, primarily to combat piracy, by the end of last year, but has as yet failed to do so.

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