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The Courts EU Youtube Idle

YouTube Star Who Gave Man Toothpaste-Filled Oreos Sentenced To Prison (cnet.com) 259

CNET reports on the prison sentence given to "the YouTuber who reportedly filmed himself tricking a homeless man into eating Oreos filled with toothpaste." Barcelona prankster Kanghua Ren, 21, known to his followers as ReSet, was sentenced on Friday to 15 months in prison for his crime against the "moral integrity" of the homeless man, according to El Pais newspaper. The court also reportedly ordered Ren's YouTube and other social media channels to be shut down for five years and said he must give the victim 20,000 euros ($22,305) in compensation....

Ren was 19 when he filmed the prank in early 2017 after being challenged by one of his 1.2 million followers, according to the Times. He also gave the homeless man a 20 euro bill. Ren called the video just a bad joke, but the judge noted that he earned more than 2,000 euros in ad revenue generated from the video, the Times said.

It's unlikely Ren will actually serve time behind bars, The New York Times reports, because Spanish law usually suspends sentences under two years for first-time offenders.
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YouTube Star Who Gave Man Toothpaste-Filled Oreos Sentenced To Prison

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  • can the court with held his income to force him to pay the victim

    • by Anonymous Coward

      No but they might be able to withhold it.

    • by Anonymous Coward

      So it sounds like he's early plenty in the intervening years while this was going through the court system to pay for it. I assume that 20k number was calculated either based on his earned income until conviction, or as a financial penalty equivalent to his 13 months in jail.

      I really do hope he gets to visit prison over this though, fucking with other people's health for the lulz should NEVER be tolerated in any civilized society. (Of course this is the home of the Spanish Inquisition, so...)

    • Re: (Score:3, Interesting)

      by Anonymous Coward

      They shut down his channel so he has no income anymore.

    • Actually (Score:5, Informative)

      by Solandri ( 704621 ) on Monday June 03, 2019 @02:55AM (#58698724)
      Unless he got the homeless guy to sign a model release [wikipedia.org] for the video, the guy could sue him for part or all of the money he made from YouTube for that particular video, plus damages since the video probably mischaracterized him as a fool.

      You can't just put videos you shoot of random people on YouTube. Since YouTube pays you for the videos, that's commercial use. Most of the developed world recognizes personality rights [wikipedia.org], which include the right to make money off of your own likeness. That means you need to CYA with a model release from everyone appearing in a video you post to YouTube. Without the releases, the people can sue for a cut of the money you make. There's an exception for newsworthy events, but for the type of crap most YouTube "stars" put out, they should be getting signed model releases.
      • ..., the (homeless) guy could sue him ...

        How? Don't you at least need an address to sue? To meet a lawyer, to get an invitation for the hearing, etc?

        • John Doe suits can be brought. Those then enable use of various court powers to find the person. You don't have to know exactly who you are suing to start the process, but at some point they must be identified and legally served.
        • How? Don't you at least need an address to sue? To meet a lawyer, to get an invitation for the hearing, etc?

          In Spain, you can sue if you are black, you can sue if you are a woman, you can sue if you are unemployed, you can sue if you are homeless. Same everywhere else in the EU.

      • Model release requirements are largely a myth (it's largely a CYA, not an actual requirement), and rights to your likeness are often limited, particularly to celebrities.
      • by Cederic ( 9623 )

        You can't just put videos you shoot of random people on YouTube.

        Yes I can. Around 1400 so far.

        Since YouTube pays you for the videos

        No, they don't.

        that's commercial use

        No, it's not.

        for the type of crap most YouTube "stars" put out, they should be getting signed model releases

        I will agree with you on that one. You are however assuming that he doesn't in fact have a release form for the bloke he embarrassed.

    • Comment removed based on user account deletion
  • by JoeyRox ( 2711699 ) on Sunday June 02, 2019 @10:39PM (#58698146)
    That's a shame. I was looking forward to his new YouTube lifestyle channel from prison, where inmates serve him a turkey sandwich with a human mayonnaise.
      • https://www.businessinsider.co... [businessinsider.com]

        The case is in Spain, not Norway.
        And I was told by a former Spanish prison agent that Spanish prisons are pretty hardcore, complete with inside drug trafficking and murders.

        • by Kjella ( 173770 )

          The case is in Spain, not Norway. And I was told by a former Spanish prison agent that Spanish prisons are pretty hardcore, complete with inside drug trafficking and murders.

          While true I'd rather spend time in any European prison rather than an US one, except maybe Russia. It's better than third world jails but in terms of doing anything for you other than keeping you locked up the US scrapes the bottom of the barrel. Does the US have anything like Aranjuez prison [boredpanda.com]? I doubt it.

      • by seoras ( 147590 )

        Norway isn't in the EU. It is an associate member through EFTA and the EEA. [wikipedia.org]

  • They're shutting down his YouTube channels for five years, can't he argue that this was his source of income?

    • And that change the verdict in... nothing.

      If he was a driver and lost his driving license because of driving mad and under alcohol/drugs, the ending would be the same: he can't any longer do "that" work. Search for another.

    • Re: (Score:3, Insightful)

      by Darinbob ( 1142669 )

      Ha, youtube stars should be getting real jobs anyway. Pretty soon they'll be 23 years old and sent out to pasture to make way for new kids doing new stupid stuff.

    • They're shutting down his YouTube channels for five years, can't he argue that this was his source of income?

      He can argue that. Just like a drug dealer. Just like a professional shoplifter. With just as much success.

  • by bobstreo ( 1320787 ) on Sunday June 02, 2019 @10:51PM (#58698194)

    replacing the filling probably didn't make them taste any worse.

    22K buys a lot of forgiveness.

  • Making and posting Youtube videos has not been a "nerd" skill since forever, if it ever was. Being an asshole was never one. So, WTF?

    • by Anonymous Coward

      Making and posting Youtube videos has not been a "nerd" skill since forever, if it ever was. Being an asshole was never one. So, WTF?

      He was a bully. Bullies bully nerds. Nerds love when bullies get caught. It is called the underdog story, nerds really, really love it. There you have it. Pay at the checkout register, please.

  • Excellent (Score:5, Insightful)

    by aepervius ( 535155 ) on Monday June 03, 2019 @12:21AM (#58698358)
    Too many of those youtube "star" just doing what their audience tells them or what has the most shock value without thinking of the consequences. Hitting one where it hurts, the money, and removing them (the 5 years ban) is a good solution. I am more ambivalent on the 15 months, but as other said it will most probably be suspended/on probation.

    And no, as other comment "being removed from your financial earning means" is not an obstacle, in fact in many case crime you can be removed your financial earning means and told not to work there anymore (e.g. accountant running accounting tax evasion, teacher having pedophile tendencies, hacker and an internet enabled computer etc...).

    In this case I hope it will be a clear example for all others that they are adult now and should respect laws.
  • Even worse (Score:5, Informative)

    by Anonymous Coward on Monday June 03, 2019 @12:50AM (#58698440)

    I don't know how reliable the Independent [independent.co.uk] is, but they say the homeless man said, "I got sick after five minutes and threw up." But even worse:

    The vlogger had previously offered sandwiches filled with his cats' excrement to children and elderly people, prosecutors claimed.

  • by Anonymous Coward

    Making money off homeless people by humilating them on camera SHOULD be a crime. The spanish courts did the right thing. Too bad that youtuber might not actually serve a prison sentence.

  • So, while I get that YouTube isn't responsible for this guy's channel, they also profited off of it. Any/all of that money should be forfeit IMO. It's kinda like when someone receives stolen property...yeah, you won't go to jail, but you don't get to keep it.

  • Would it have been NfN had it taken place on a TV reality show? The monetary gain on such shows is typically a lot larger tahn on YouTube.

  • ... with practical pranks in the courtroom.

    First video:
    15 months for silly prank, the look on his face is priceless!

    But of course that would be bullying and abuse of power.

  • Send him to prison and when he gets out make him do a couple of years of community service.

    Also make him post a series of videos explaining in detail why he was such a scumbag, why what he did was wrong, heartless, and cruel, and give the proceeds to the homeless person he exploited.

    Then kick his ass on camera and post that too.

  • I hope he enjoys the cream filled cookies in prison.

  • As much as I consider this guy a piece of human garage, western justice systems regularly let people off very lightly for literally killing other people. Guys who kill while drunk driving regularly get off without prison if they can prove that they like puppies (and are white).

    So this guy probably shouldn't go to prison. They should take his earnings from the video and give them to the homeless guy, and call it even.

"The vast majority of successful major crimes against property are perpetrated by individuals abusing positions of trust." -- Lawrence Dalzell

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