The local nonsense is a part of life, in a country where the President thinks Tsunamis are “wind storms”, but sometimes the surrealism goes too far.
A Justice decision demanded a immediate BAN of all YouTube services in Brazil, because the company didn´t acknowledged a prior Court order to remove some videos.
The whole story: A few months Ago a model / tv show host and (specially) Ronaldo´s ex-wife, Daniela Cicarelli was filmed having sweet, sweet sex on the beach, and I´m not talking about the drink.
The scenes were aired, by some some Spanish TV, and seconds later were all around the world. Brazil has not many celebrities sex tapes, hers was the first major one.
Lots, lots of blogs started to spread the video, using YouTube, Bit Torrent, Kazaa and all P2P services known by men (and some women).
Daniela went crazy, started to sue big portals, including Globo.com, the Internet arm from her former (and eventual) employer and the largest entertainment/news company in Brazil. (talk about burning bridges)
Somehow the lawsuits were accepted by Court, and the sites had 24 hours to remove the video or pay a US$116.000/day fine. The decision meant NADA to sites like Rapidshare and the whole P2P gang, and of course, YouTube.
YouTube ALREADY removes inappropriate content, but it can´t block every single upload, specially if the submitter does not use “video da cicarelli” or other related tag.
The judges are not really into technology in Brazil, so they think they can rule about anything. Including companies 10K miles away, in another country. It´s common restraining orders (trying) to block online content, and a blogger were sued (and lost) on defamation premisses, based on a comment left by a reader.
Local judges sometimes think they´re God, but the worst are those who are sure of that.
But some are not dumb. Sérgio Suiama, from the Federal Justice Department, thinks the decision is meaningless. “Justice will send a subpoena to all ISPs demanding the blocking of access to YouTube?”
Well, what did you expect from a Justice/Legislative branch so unrelated to reality that puts interest rates in the Constitution?
Sources (all in Portuguese, sorry)
hehe i see that i’ve hit the spot today. Talked about just this on my blog today.
I think that the worst thing is the fact that Cicarelli showed how dumb a person can be. C’mon! She had sex on a beach, with people watching!! If she wanted privacy why didn’t she get a room?
Comment by Thiago Berti — January 4, 2007 @ 2:29 pm
That is hard. I do not think it is the right way to ban the whole website, cause of the free thinking and so …
1984 I come :).
Comment by Ben — January 4, 2007 @ 2:48 pm
[...] E a história deu através do Cardoso no Boing Boing, um dos maiores blogs do mundo. [...]
Pingback by Cicarelli quer fechar o Youtube, ela que feche outra coisa | novo-MUNDO - Mundo feito de internet, curiosidades e blogs — January 4, 2007 @ 5:43 pm
It’s definitively unacceptable. I don’t have to pay for her public sex!
OMG, Ronaldo really pulled out while early…
Comment by Daniel Costa — January 4, 2007 @ 5:48 pm
as long as ass waxing remains legal
Comment by loudly — January 4, 2007 @ 9:50 pm
YouTube banned from Brazil…
This is unbelievable… if you're not Brazilian. Sadly, we're used to all sort of stupid things coming from the Legislative, specially about Internet related issues. These folks know nothing about it, and they think it can be controlled as……
Trackback by Latina Viva — January 5, 2007 @ 4:53 am
For a country that’s proud of the freedom of speech, Brazil has a quite strange version of freedom. You are free to say whatever you want but then you’ll go to jail for it. That’s not freedom.
A video taped on a public place means public domain. Thus censuring what has been taped outdoors would fall under Spain’s laws and not under Brazil’s laws.
This all seems to be plain simple politics. The big media companies like Rede Globo and Abril Cultural are losing market share the first time in 30 years! As Broadband Internet become a standard in Brazil. The big media conglomerates are trying at all costs to hold down the easy dissemination of information and this seems to be one more try to censure the Internet Democracy.
The government is also afraid of the increase amount of people that are freely talking about the wrongdoings and corruption in the government.
We’ll see an increasing amount of lawsuits against freedom. And Freedom of Speech in Brazil has always been masked with the “defamation” clause. The anti “Defamation” law means that no one can say anything that goes against the standard in any way. And even “whistle blowers” go to jail don the “Defamation” clause. That’s repression. Brazil is very close to China indeed.
My hope is that in the future the free nature of the Internet will make freedom of speech a standard. And will put those frivolous laws where they should be, in the history books along with the 60s repression.
Comment by Mark — January 6, 2007 @ 4:42 am
It seems that in recent years there has been a significant increase in the numbers of people who feel it is their right to indulge in lewd sexual activity in open areas where unsuspecting citizens (including children)are likely to stumble upon them. This sexual activity is not only unpleasant and selfish, but is, in most nations, an illegal practice.
I think we need a ‘name and shame’ policy for people going around having sex in open places without concern for who may be watching. CCTV cameras should be placed on ALL beaches and in all parks and car parks etc and video footage of these perverts should be posted on a special website to discourage individuals from carrying out further disgusting, criminal acts of indecency.
Of course, rich people who think they are above the law will protest if they are caught - but justice must be seen to be done! There is no reason why certain perverts should be exempt from this necessary hard line just because they happen to be wealthy or influential.
Comment by Tim — January 6, 2007 @ 8:41 pm
[...] Since it was announced that Brazilian authorities were tending to ask for the backbones controllers to block access to a specific YouTube video (more details here: Where no China has gone before: Brazil bans YouTube), BrT customers are totally unable to access any YouTube contents. [...]
Pingback by Janio’s Blog » ADSL users from BrT prevented from accessing YouTube — January 6, 2007 @ 9:50 pm
This woman should just say “Yes, I had sex on the beach.
So what?” She really has nothing to be ashamed or embarrased about.
The notoriety could help her career if she plays it right.
It may have been inappropriate if children had been present, but I see only adults in the video.
The creep hiding in the bushes with a camera is the one
who should be embarrassed.
Ironically, I never would have seen the video if she hadn’t made such a fuss about it.
Comment by Mitch — January 7, 2007 @ 7:02 pm
[...] Já o Cardoso que mantém o JungleBook, foi citado também pelo Boing Boing. [...]
Pingback by BrasilTelecom Versus Youtube - Dudu Tomaselli — January 7, 2007 @ 10:44 pm
Brazilian justice is behind, no pun inended, regarding Internet matters. However, I believe it was the lawyer representing the couple in the water who was media smart. From what I understand, a partial sentence was given on Friday. The lawyer bragged about shutting YT down.
To me, it is pretty obvious the decision re.blocking all of YT in Brazil will not hold water. Besides, there are patches being used, and many comments pointed out the couple were on a public beach. The video is everywhere now. The couple sued but will lose in the end.
If the couple does win, it’ll be a second. Belgium won a bittersweet case against Google.
Congrats on your scoop, Cardoso.
Comment by Tina Harris — January 8, 2007 @ 2:14 pm
Well, Youtube’s website has been down for “scheduled” updates for well over 24 hours as of 1110PM PST on Friday 1-12-07. I can’t find any other reason for it to be down, updates shouldn’t take THIS long!
Comment by bc grote — January 13, 2007 @ 4:10 am
[...] Since it was announced that Brazilian authorities were tending to ask for the backbones controllers to block access to a specific YouTube video (more details here: Where no China has gone before: Brazil bans YouTube), BrT customers are totally unable to access any YouTube contents. [...]
Pingback by O Blogue do Janio » ADSL users from BrT prevented from accessing YouTube — January 16, 2007 @ 11:33 am
Since US make a lots of stupid restrictions what hell is the problem to block the site in Brasil? the judges dont have to know how the internet work, is the company’s problem to take care of is release on the site or not, we don’t care if is this dificult or not.
Google is the responsable to contract more portugueses speaker to keep the qualit of the site on portuguese speaker countrys.
I had work for Match.com and I know how disrespect the web companys in us treat the others countrys that is not us or UK.
Comment by Mauricio cruz — February 5, 2007 @ 6:53 am