Daniela Cicarelli and boyfriend Tato Malzoni have sex in shallow water on a public beach. The scene is filmed. Did I mention that Cicarelli is a model and Ronaldo’s (the soccer player) ex-wife? So of course, in our day and age, the video makes its way on Youtube. It is the most viewed video in Brazil and the couple demand YouTube to take the video down. For every day it remains online, they want $116,000 in damages. It gets taken down but is reposted many times over and the suit drags on for many months. In December, a third suit is filed requesting that YouTube be shut down and the Brazilian court agrees to do so on January 3, 2007. Oh but Youtube is based in the United States. Houston, we have a problem.
News source: eWeek

You are an idiot... and I don't know ho YouTube survives with all it's illegal content.
Mr. Pot, meet Mr. Kettle. Because something may, or may not infringe on someone's copyright, it is not necessarily 'illegal'. IP laws swim in the judiciary waters of the civil courts, not the criminal ones. As far 'illegal' content (child porn, stolen corp secrets, etc) courts in the US have upheld that hosting companies are not necessarily responsible for the information that individual users post on their sites.
The DMCA sets the guidelines for IP and 'illegal' content in the US. If a complaint is legitimate, the Web host may take action to block or terminate access to the content that is being used unlawfully and/or violating IP law. This provides some legal immunity to hosting entities.
Until there is another precedent set or law passed, it is not the legal responsibility of Internet hosting companies to step in and play cop. Morally, IMHO, I feel that they should monitor hosted content (and many, like YouTube do), but I don't think they should have to legally. Now as far as embedded or linked-to content, that is a whole different can o' worms.
"Oh but Youtube is based in the United States. Houston, we have a problem."
edit: oh and also.. even if they do shutdown youtube (haha).. you can still post it on google video.. or yahoo video.. or anywhere on the net. It's not as if youtube is the only host of videos
so that's what all those "brazillan girl" spam messages in my YouTube mailbox have been about...
Sorry, no damages, no case. Next time don't do it in public. You can't just sue because you want easy money. And it sure isn't YouTube's fault that your little video is there in the first place.
Perhaps someone should sue them for public indecency/performing an obscene act in public etc. The evidence is already there
I hope they got sand in their cooters. Chafe em, baby.
1) Get a boyfired/girlfriend.
2) Hire somebody to film having sex on a PUBLIC beach.
3) Have it posted on YouTube and get reposted
4) Sue YouTube for an unreasonable amount for unreasonable damages
5) Watch as you case is laughed at by everyone in America.
..... Any links to the footage?? lol
oh and wondering why the clip hasn't reached newsgroups yet :-/
Last edited by usadream on 05 Jan 2007 - 08:26
I just watched some of it on Google Video but closed it out of boredom... :p
I think that's why it hasn't been posted all over the place yet.
Court said that a filter would be created and it would deny just the access to the video (don't ask me how), and not the access to YouTube.
Not only this case but the music and movies industry have their eyes on you tube already for the exact same reasons. Youtube, while a great service, really needs to ensure it can remove copyrighted content or footage that has previously been banned before people can lay their eyes on it or they are just leaving themselves open to lawsuits
And yeah I actually really like the site but thats reality.
Just search for Daniella Cicarelli over there...
And since it has stayed on YT, that's a sign it's not offensive, and it isn't.
search for Daniela beach sex on google.
cant find it on youtube
agreed!!
These guys can be sure now, that more than even people will look at their ...ses
look at it this way, you are in the public eye and as such there is no assumption of privacy. Meaning someone could have swam out there really quietly and taped on his shoulder and asked him if he was having a good time.
That is why it is called a "public" beach...not "private" beach. Public implies unrestricted use...
This obviously will have no effect either.
Seriously, is there a need to shutdown the whole site?
http://www.porkolt.com/other/daniela+cicar...h-sex-6166.html
you tube will not be deactived, she only wants a filter block for her video in youtube .
They have electricity in Brazil?
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