Two years after the start of the process, finally left the court decision in the case of Nissim Ourfali family against Google. And it is unfavorable to the boy: Google has no obligation to remove videos and other citations video.
The sentence was handed down last month. For those who do not remember, the one video Nissim Ourfali was a parody song What Makes You Beautiful, One Direction, with scenes enthralled with very chroma key for the boy, who was then 13 years. It was made with the intention to invite your family to your Bar Mitzvah.
This is something very common, in fact: it is easy to find on the internet besides videos of kids around the world who have made custom video clips for this purpose.
Nissim The video was to have been posted by invitation only, but the boy’s father left him and he exploded into public views. Even taking the air soon after, it was replicated in several other profiles on YouTube and other sites, as well as having originated many memes and satires. In 2012, Google was forced to make a clean sweep and take the air the video in multiple addresses, but the measure was not effective: soon he returned in others.
The judge Arthus Fucci Wady, the 1st Civil Court of São Paulo, held now, it would be impossible to ask Google to remove all pages of sites that you own , such as YouTube and Orkut, and they use the name, image and voice the boy without having any links. And the video Nissim “bore fruit” up off the internet – at the time, music was heard even in ballads. “Each of these new ‘products’ were, in turn, again replicated, copied and altered causing an uncontrollable chain reaction,” says the report of the judge.
Thus, the video can continue in the air, without the need to remove from Google. The family of Nissim, however, can still to appeal.