Thursday, January 11, 2007

Supermodel opposes YouTube ban in Brazil Supermodel opposes YouTube ban in Brazil

AP: Supermodel opposes YouTube ban in Brazil. A video of Brazilian supermodel Daniela Cicarelli having sex on the beach with her boyfriend, Brazilian banker Renato Malzoni, has caused a legal furor. Malzoni had sued to have the video pulled from YouTube. The court originally issued an order shutting down YouTube for all of Brazil, but later amended it to just cover the video. Cicarelli made sure with her press release that shutting down YouTube was Malzoni's idea, and not hers. Presumably, her statement was because of the negative P.R. resulting from the litigation, and esp. given how broadly YouTube is being used by certain segments of the population.

This is one place where different countries have significantly different laws. In the U.S., if neither Cicarelli nor Malzoni had made the video, they would have had limited ability to shut down its distribution. Interestingly, YouTube's response here appears to be based the types of procedures typically implemented to stay within the safe harbor provisions of the D.M.C.A. provisions of U.S. Copyright Law.

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