Finally the Court of Milan made public the opinion that backed the indictment of a couple of Google’s executives charged of Italian Data Protection Act infringement by not removing a violent video from the company’s video sharing platform, video.google.com. The opinion of the Court tells basically what I “guessed” in a previous post, (easy guess, BTW) while analyzing the charges against the managers.
Thus, to put it short, Google’s people have been indicted because they failed to verify, under the Italian Data Protection Act, whether all of the people depicted in the video positively consented to its upload. No matter that the service agreement bind the user to publish legally obtained content only.
As I’ve written and told in serveral places, this is a wrong decision.
Wrong in a legal perspective, for it set on ISP’s side an hidden duty of pre-emptive control over users’ activity.
Wrong in a social perspective, for it breaks the tie between a crime and its “author” and reinforces the idea of “faida” (the collateral vendetta of the ancient barbarians.)
So, according to MacRumors, Apple’s explanation for the ban over Adobe’s Flash-to-Iphone compiler is deadly simple: Apple doesn’t want to loose its grip on the users. They invested monies in creating product, capturing a market and now want to raise fences to prevent other eating on theyr own dish (or, better, hunting in the same hunt-resort.
Adobe’s supporters – on their side – Â shout fire accusing Apple of being unfair, etc. etc. etc. …
Well, I might agree with those criticism against Apple, were the accusation coming from the open source community (where Mac OsX is supposed to come from?) but honestly I can’t accept that an hyper-proprietary company such Adobe (member of Business Software Alliance, among other things) might complain against a business strategy that is entirely into the “mood” of this industry sector. This is the market, catch-it or leave-it.
This is not to say that I do like or approve Apple behaviour.
Preventing user from having multiple choices, liberty in other words, is by definition an unfair move. I think Apple should learn from Google, whose “power” stays firmly in users’ hands.
One may think that this is wrong too. Maybe, but between a leaving in a golden cage (as soon as you can afford it) or be free in the wild I would go for the latter.