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Google Ordered To Remove Anti-Islamic Film From YouTube

cold fjord writes "The Verge reports, 'Google and YouTube must scrub all copies of Innocence of Muslims, a low-budget anti-Islam film that drew international protest in 2012, at the behest of an actress who says she received death threats after being duped into a role. The Ninth Circuit Court of Appeals has granted a temporary takedown order on behalf of Cindy Lee Garcia, who filed a copyright claim against Google in an attempt to purge the video from the web. While actors usually give up the right to assert copyright protection when they agree to appear in a film, Garcia says that not only was she never an employee in any meaningful sense, the finished film bore virtually no relation to the one she agreed to appear in. In a majority opinion, Judge Alex Kozinski said she was likely in the right.' — Techdirt has extensive commentary on the ruling that's worth reading. It seems likely there will be an appeal, with the distinct possibility that Google and the MPAA will be on the same side."

321 comments

  1. In before... by o_ferguson · · Score: 5, Insightful

    ...Streisand Effect.

    --
    - In Soviet Korea, only old people loose all their bases to Natalie Portman's petrified hot grits overlords.
    1. Re:In before... by Anonymous Coward · · Score: 0

      I'd completely forgotten about this mess until I was reminded of it. Oh well, still can't be fucked actually watching it.

    2. Re:In before... by Anonymous Coward · · Score: 0

      Really? You must be new to the internet...

    3. Re:In before... by bazmail · · Score: 3, Insightful

      You're missing the point. The fact that you can get a copy of the movie using some technical workaround is meaningless.

      The important point is that the law says you are not allowed to see it on YouTube. Its a right that you had yesterday that you do not have today. Part of the massive, slow and irreversible erosion of our rights.

    4. Re:In before... by The+Rizz · · Score: 4, Interesting

      There's a difference in this case; the Striesand Effect refers to the fact that trying to take something off the internet not only doesn't work, but gives you lots and lots of negative publicity for trying to do so (and highlighting the original issue which would otherwise be obscure and largely unknown), causing more damage than the original problem.

      This doesn't apply in this case because:
      1) The Innocence of Muslims is already known to pretty much everyone on the internet due to the events surrounding it in 2012.
      2) The publicity can only help Ms. Garcia in this case, as making her disapproval known will likely help stop the death threats.

    5. Re:In before... by o_ferguson · · Score: 1

      Yeah, thankfully Google can still point me in the correct direction: https://www.google.com/search?...

      --
      - In Soviet Korea, only old people loose all their bases to Natalie Portman's petrified hot grits overlords.
    6. Re:In before... by ackthpt · · Score: 5, Interesting

      People who make death threats aren't rational people. Expecting them to suddenly behave rationally is without merit. They'll just move on making death threats to the next person in line they have some perceived (real or imagined) gripe against.

      --

      A feeling of having made the same mistake before: Deja Foobar
    7. Re:In before... by o_ferguson · · Score: 2, Insightful

      Well, she may get fewer death threats from Muslims and more death threads from internet freedom nutters...

      --
      - In Soviet Korea, only old people loose all their bases to Natalie Portman's petrified hot grits overlords.
    8. Re:In before... by ShanghaiBill · · Score: 5, Interesting

      People who make death threats aren't rational people.

      If the death threats achieve the desired end, then why aren't they rational?

    9. Re:In before... by Great+Big+Bird · · Score: 3, Insightful

      I think you are misusing the word 'right', what you should be using is permission or privilege.

    10. Re:In before... by The+Rizz · · Score: 1

      Well, she may get fewer death threats from Muslims and more death threads from internet freedom nutters...

      Only if she actually wins in the end, and even then they'll likely be less terrorizing and more pathetic.

      Really, I think it's likely that she expected to lose this fight, and it's the publicity surrounding it she was after - even a temporary injunction done in her name is likely to give her some relief from the death threats. And who knows? Maybe her actions could lead to the fatwa being lifted against the actors, and only targeting the producers/director/etc. who actually did this on purpose.

    11. Re:In before... by Anonymous Coward · · Score: 0

      freedom of speech anywhere?

    12. Re:In before... by Sarten-X · · Score: 3, Insightful

      I didn't realize that laws now singled out YouTube. I also didn't realize that my rights are somehow more important than anybody else's. In fact, usually it's the opposite - I'm not usually allowed to exercise my rights if doing so would infringe on others' rights.

      There are three relevant laws in this case. First is the long precedent of case law saying that a contract must be made in good faith to be enforceable. Second is the long-standing interpretation of copyright law saying that people own copyright on their own appearance. Finally, there's the DMCA's takedown provisions.

      Typically, when making a movie or taking pictures of a person, you need the actors' or models' permission*. This is a pretty standard part of the release contracts, which are indeed covered under contract law. However, in this case it seems the producers didn't make the release contract in good faith. That means the contract is thrown out, so the actress still owns copyright on her likeness as used in the movie, so she has legal standing to issue a DMCA takedown request.

      This is not an erosion of our rights. This is enforcing the rights we already have. Cindy Lee Garcia's right to control her identity is being upheld.

      * Especially for photos, model appearance is usually pretty weakly protected, actually. If the picture's subject is even a little famous, there's an easy argument to be made for fair use. Similarly, movie extras don't really get legal grounds to claim the whole movie, but responsible producers will have them sign releases anyway. Main characters, on the other hand, can easily claim that their appearance is significant to the final work, defeating any fair-use defense.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    13. Re:In before... by Anonymous Coward · · Score: 0

      Bar-bura, Bar-bura, kirai no hito.
      Bar-bura, Bar-bura, anata no hi!

    14. Re:In before... by chispito · · Score: 1, Troll

      The important point is that the law says you are not allowed to see it on YouTube. Its a right that you had yesterday that you do not have today. Part of the massive, slow and irreversible erosion of our rights.

      There's no right to view a video on the internet.

      --
      The Daddy casts sleep on the Baby. The Baby resists!
    15. Re:In before... by Anonymous Coward · · Score: 0

      Okay, then YouTube had the right to host the video, but now the law says otherwise.

    16. Re:In before... by Anonymous Coward · · Score: 0

      "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

    17. Re:In before... by cpt+kangarooski · · Score: 4, Interesting

      Second is the long-standing interpretation of copyright law saying that people own copyright on their own appearance.

      Got some cases you can cite for that?

      Typically, when making a movie or taking pictures of a person, you need the actors' or models' permission*.

      And publicity and privacy rights, which are what you get releases for, are not copyrights. They are not even vaguely related.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    18. Re:In before... by Anonymous Coward · · Score: 0

      Death threats for an anti Islam video? But but they told me Islam was the religion of peace! That's why of the 32 armed conflicts of the year 2000, over two thirds involved Muslims. Who are only 1/5th of the global population. Religion of peace!

    19. Re:In before... by Anonymous Coward · · Score: 1

      People who make death threats aren't rational people.

      If the death threats achieve the desired end, then why aren't they rational?

      If the desired end is to make all Muslims look like a bunch of backwards hotheaded savages who can't tolerate the kinds of criticism and ridicule that Christians and Jews long ago learned to accept ... then yes they achieved the desired end.

      If I made a movie making fun of the Bible today, how many death threats could I expect? Oh yeah. Zero.

      Muslims are just like the african american youth who want to dress and look and act and talk like gangstas. Don't cry foul if you are also avoided like gangstas and hassled by the cops like gangstas. It's not discrimination, it's a package deal. Ok you convinced us you are dangerous and psychotic. Now we perceive you as a menace. See the connection?

    20. Re: In before... by Anonymous Coward · · Score: 1

      That's exactly the same misuse as before. Did you even read?

    21. Re: In before... by Anonymous Coward · · Score: 0

      yeah. They are related, that's why the releases are called "copyright releases".

    22. Re:In before... by Mashdar · · Score: 1

      It's like my right to drive, or my right to buy the linguine my grocery store just stopped carrying. They eroded my past :(

    23. Re:In before... by Mashdar · · Score: 1

      He didn't say the threat wasn't rational. He said the person wasn't rational. Big difference. In either case, the desired effect of a death threat is usually a dead person, not a youtube takedown :)

    24. Re:In before... by Anonymous Coward · · Score: 0

      The only difference between a right and a privilege is that one is granted to everyone in an arbitrary group (for example all women who are born in a particular country and who are over 18 years old), while the other is granted only to a few in another arbitrary group.

      If you think being able to see a particular movie should be a privilege, then you should at the very least read Fahrenheit 451, 1984 and Brave New World.

    25. Re:In before... by DaMattster · · Score: 1

      You're missing the point. The fact that you can get a copy of the movie using some technical workaround is meaningless. The important point is that the law says you are not allowed to see it on YouTube. Its a right that you had yesterday that you do not have today. Part of the massive, slow and irreversible erosion of our rights.

      This is precisely why we need a community-owned internetwork that is decentralized and outside of corporate and government control!

    26. Re:In before... by Anonymous Coward · · Score: 0

      It's fun to talk about "rights", but your arguments are irrelevant. This case is about an actress who is afraid for her own security because of some fanatics and who is using the law to achieve her goal (her security) the best she can.

    27. Re:In before... by mjwx · · Score: 1, Insightful

      People who make death threats aren't rational people.

      If the death threats achieve the desired end, then why aren't they rational?

      Is everything that achieved automatically made rational?

      Or in other words, are you saying that results not only justify the means, but the motivations as well.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    28. Re:In before... by EvilSS · · Score: 1

      Second is the long-standing interpretation of copyright law saying that people own copyright on their own appearance. Finally, there's the DMCA's takedown provisions.

      Typically, when making a movie or taking pictures of a person, you need the actors' or models' permission*. This is a pretty standard part of the release contracts, which are indeed covered under contract law. However, in this case it seems the producers didn't make the release contract in good faith. That means the contract is thrown out, so the actress still owns copyright on her likeness as used in the movie, so she has legal standing to issue a DMCA takedown request.

      No no no no no no no. This is totally false and thrown around on here all the time as truth.You do NOT own copyright to your own appearance. You have certain publicity rights that prevent using your likeness for marketing/endorsement purposes without your permission. For example, I can photograph you in public, make giant 20 foot tall prints, exhibit and sell them at a gallery all without your permission. I cannot, however, use them to market the gallery show in advertising. You also have an expectation of privacy when you are not in public but just the act of knowingly allowing yourself to be filmed (vs covertly) would cancel that out. In this case the actress does own copyright to her performance as an artistic work, even in the context of a part of a bigger artistic work. This is where you start to need to make sure you have a contract. It becomes the same sort of situation as a band producing an album for a record label.

      I'm really curious (but not enough to go looking, obviously) what in the contract that the 9th felt they violated. Generally these contracts are pretty generic and favor the producer. I doubt it had a "no muslim hate" clause (but hey, who knows).

      --
      I browse on +1 so AC's need not respond, I won't see it.
    29. Re:In before... by Runaway1956 · · Score: 1

      Actually - no. It is my right to see or hear any damned thing I choose to see or hear, if it is otherwise freely available on the net or on the airwaves. It isn't a "privilege" and I need no one's "permission". It is a "right".

      These judges are stepping on the people's right to share views, opinions, and information.

      This woman is getting death threats? Hmmm. So, her fear of the death threats trumps the people's right to communicate freely? Oh - well then - I can understand now why the NSA must monitor every digital communication. The president is afraid that we might be badmouthing him behind his back! It all makes sense now! I move that we quadruple the budget of the NSA immediately! /sarcasm

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    30. Re:In before... by pla · · Score: 4, Interesting

      I think you are misusing the word 'right', what you should be using is permission or privilege.

      No. No, he did not misuse the word.

      We have a first amendment right protecting us from the government saying what we can and can't say. You may find IoM horribly offensive, but the systematic attempts to censor it since release amount to nothing less than a violation of that right.

      This BS line about the director "tricking" the actors amounts to little more than prison camp guards crying about just following orders. "Oh shit, that jokey inflammatory C-movie we made actually got someone's attention? Quick, deny, deny!"

    31. Re:In before... by Runaway1956 · · Score: 2

      Wow. Copyright on my appearance. So, the next time I commit a burglary, and some surveillance cameras actually record me in the act, I can claim copyright on my appearance to have the evidence quashed. Sounds good to me!

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    32. Re:In before... by Anonymous Coward · · Score: 1

      The desired outcome of a death threat is some action.

      If you wanted them dead, why would you warn them you're coming...?

    33. Re: In before... by cpt+kangarooski · · Score: 5, Informative

      Sigh.

      No, publicity rights are a branch of state tort law. Copyrights are a sui generis branch of federal law.

      And a copyright release is just a copyright license (or more rarely, an assignment), which means that it pertains to a particular creative work. A publicity release has to do with using someone's face, image, statements, etc. While you could conceivably have them both in the same form, it's rare that you'd need to or want to.

      And I assure you, they are not related even the teeniest tiniest bit. Not in their policy goals, or how they originated, or which governments created them, or who gets them, or how long they last, or what they cover. There is no commonality.

      Are you too lazy to google for the difference between copyrights and publicity rights? Perhaps this web page from the Library of Congress will help you out: http://memory.loc.gov/ammem/co...

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    34. Re:In before... by Anonymous Coward · · Score: 0

      > People who make death threats aren't rational people.

      People who think this sort of nonsense aren't rational.

    35. Re:In before... by Anonymous Coward · · Score: 0

      Why isn't she using the law to have these fanatics hauled in front of a judge for the death threats they sent her?

    36. Re:In before... by EuclideanSilence · · Score: 2

      There's no right to view a video on the internet.

      "It has been objected also against a Bill of Rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution."
      -- James Madison

      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    37. Re:In before... by UnknowingFool · · Score: 1

      Typically, when making a movie or taking pictures of a person, you need the actors' or models' permission*. This is a pretty standard part of the release contracts, which are indeed covered under contract law. However, in this case it seems the producers didn't make the release contract in good faith.

      And you are sure of that? It depends on the contract. Here is a standard contract.

      Key phrases are "motion picture tentatively titled . . ." and "I understand that [filmmaker] may enter into agreement with another person to rerecord my dialogue or record voice-overs. . ."

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    38. Re:In before... by TrollstonButterbeans · · Score: 2

      ^^ He is correct

      I watched the "Innocence of Muslims" and it is almost unwatchable, but historically accurate, but the acting is terrible and the movie is certainly offensive to Muslims -- or at least the ones that kill Dutch people over political cartoons -- so it is hard to decide if there is a true loss here, entertainment-wise.

      But the government shouldn't be deciding what we watch on the boob-tube, the Internet tubes or Youtube or even Their-Tubes. Not even their own tubes, but that is a story for another time.

      --
      Priest: "Universe from nothing, no laws of physics, sped up time"+ huge discrepancies. Creationism? No. Big Bang Theory
    39. Re:In before... by Artifakt · · Score: 5, Interesting

      The director didn't "trick" the actors - if the judge is correct in his analysis, the director committed fraud against the actors. No quotation marks, just a real criminal act, which, if true, also makes releasing the film automatically a criminally negligent act, (reckless endangenrment) again without any quotes around the facts.
      It's like Traci Lords may have genuinely tricked the directors of her first few films into thinking she was over 18, or she may have "tricked" them, but it doesn't matter, as you still have no right what-so-ever to watch an X rated film that features a person still a minor under US law. People can argue over whether the producers knew Ms. Lords was under 18, or not, but it simply doesn't change whether you have a right to watch those films, either way.
              The argument in this case runs the same way, the judge has ruled that, at the very least, there wasn't a valid contract. (The producer was a previously convicted felon, who had legal restrictions as part of his probation against using an alias, and yet used one in representing himself to the actors and in signing their contracts, and who has pled guilty to this, and three other charges including making false statements, He's already convicted and serving time). Presumption of who is "tricking", or tricking whom also follows. You're trying to make this a debate over who may have committed this or that other act of trickery that is yet unproven, and may be just a matter of tort law either way, and ignoring that one side has been convicted of criminal acts, which makes your whole point moot. The contract is invalid, and all the actors have the right to seek protection from the consequences of their involvement. They are threatened with death, and that threat exists as a consequence of whole set of proven criminal acts.
              They have that right in some jurisdictions even if every single one of them suspected, or even knew that the producer was an ex con, or that the law prohibited him from using an alias, just like we can charge one person who planned a bank robbery with murder in the commission of a felony, even though the 'victim' was one of his fellow robbers. But if you want to claim you know for an absolute fact that all the actors knew the producer was committing a crime, go right ahead and claim it. They still have a right to be protected as much as possible from being killed as a consequence of the producer's felonious actions, and you don't have a right to have them put at further risk, whether that feels like your first amendment right is what you're invoking, or not.

      --
      Who is John Cabal?
    40. Re:In before... by Sarten-X · · Score: 1

      ...Bad Sarten. No Slashdotting while drunk...

      --
      You do not have a moral or legal right to do absolutely anything you want.
    41. Re:In before... by Anonymous Coward · · Score: 0

      It isn't a "privilege" and I need no one's "permission".

      Be sure to explain that to the MPAA.

    42. Re:In before... by erikkemperman · · Score: 4, Insightful

      I haven't watched it, and even if I had I wouldn't be able to comment on its historical accuracy. But given how long ago the subject lived it strikes me as unlikely that any current movie could claim such accuracy, even if they made a point of trying -- which IoM didn't, from what I've heard.

      Also I think you are confusing the cases of a Dutch columnist who was murdered and a Danish cartoonist who was threatened, so historical accuracy doesn't appear to be your forte either (no offense).

      --
      Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    43. Re:In before... by SuricouRaven · · Score: 1

      It's not the first time. Sometimes makers of slanted documentaries have to turn to deception to get people to appear. 'Expelled' comes to mind.

    44. Re:In before... by xenobyte · · Score: 1

      Actually you're missing the point yourself. The idea behind the Streisand Effect is to circumvent censorship, and ordering the removal of all copies is clear-cut censorship regardless of the motivation behind the removal. As censorship always must be fought on every level and with every means, it is essential that we spread as many copies of this move as far as possible so it will be easy to find it.

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    45. Re:In before... by jandersen · · Score: 1

      And thus the silly posturing commences.

      First a question for you: If this had been a group of muslims funded by al Qaeda, who had made a grossly inflammatory hate movie against your greatest hero, whoever that is, would you have come out to defend their freedom of speech? Probably not, is my guess - you would somehow have managed to quell your righteous indignation, I'm sure.

      Secondly, this is no different from the other laws concerning obscenity. You are not allowed to walk around naked or have sex in public - not because nakedness or sex are "wrong" as such, but because a lot of people would feel upset about it and would start complaining loudly. If hate movies like this crap is covered by "freedom of expression", public obscenity should be as well. Why don't you give it a try and see how far you get?

    46. Re:In before... by xenobyte · · Score: 2, Insightful

      Actually - and this is important - the movie offends Muslims but obviously not as primary intent. As it is historically accurate it primarily offends due to it revealing some pretty painful truths, and the fact that some Muslims takes offense to pictures of Muhammad. Both of these reasons are exactly why movies like this *must* be available out there. People needs to know about the pedophile prophet and we must erode and tear down the idea about Muhammad not being pictured. That's what the Danish cartoons did, or tried to do. But we must repeat and repeat until they get desensitized enough to just accept it because it is all part of an elaborate smoke screen designed to hide core aspects of the religion from public review and debate. They insist on calling it a religion of peace but the middle east have been at war for a thousand years because of it, and now several areas in Africa has followed into the pit of completely stupid ethnic wars over religion with Islam as the prominent primary aggressor.

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    47. Re:In before... by xenobyte · · Score: 1

      Wow. Copyright on my appearance. So, the next time I commit a burglary, and some surveillance cameras actually record me in the act, I can claim copyright on my appearance to have the evidence quashed. Sounds good to me!

      Except you were filmed committing a crime and while trespassing will make your rights null and void.

      People filmed with hidden camera and the recording used for entertainment - this requires a signed release from all recognizable persons, and is they don't have that, you can sue - and win big. This has happened several times and now nobody plays the odds and they all get the releases they need. Not always easy which is why you don't see that many hidden camera shows anymore.

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    48. Re:In before... by Anonymous Coward · · Score: 0

      We have a first amendment right protecting us from the government saying what we can and can't say.

      How about protecting us from the government forcing us to say something?

      This is not about denying you the right to hate on muslims. This is about one actor refusing to be a part of hating on muslims. Shouldn't she be able to say no? Shouldn't she be allowed to refuse being a part of a movie that was made under false pretenses?

      Doesn't freedom of speech include the freedom to refuse to speak?

    49. Re:In before... by erikkemperman · · Score: 4, Insightful

      What makes you say the film is historically accurate? What would you say is the primary intent of the movie -- informing the public? If either were true, why did the makers had to deceive the actors -- who were working with a different script than what ended up in the movie apparently -- and overdub significant portions of their lines?

      As to the pedophile prophet meme... It seems to me this is projecting today's standards onto ancient history, and you're doing so selectively. I am pretty sure that at the time it was completely normal in Christendom too to consider females adults after they first menstruate.

      Finally, I don't think Islam is significantly more -- or less -- violent than basically any other organized religion I can think of save Buddhism. And recent history in the Middle East is much less due to Islam then it is due to their cursed oil and *Western* meddling because of that. Read some of the declassified reports in which the US called the ME a "great prize".

      So, for example, Iran -- whom we are supposed to be so very affraid of -- has not fought offensive wars for centuries. They have been, however, been forced to defend themselves from Iraqi aggression (backed by US/UK) and been deprived of their democratically elected moderate government on two occasions, again mostly instigated by US/UK agents. The fundamentalists in Tehran (despicable though I find them) are a direct result of Western actions.

      --
      Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    50. Re: In before... by Anonymous Coward · · Score: 0

      This really is a kick in the balls for free speech

    51. Re:In before... by Kjella · · Score: 2

      If the death threats achieve the desired end, then why aren't they rational?

      If the desired end is to make all Muslims look like a bunch of backwards hotheaded savages who can't tolerate the kinds of criticism and ridicule that Christians and Jews long ago learned to accept ... then yes they achieved the desired end.

      Nothing would please the extremists more than to cause a deep and lasting split between muslims and the rest of the world. There's 1.6 billion muslims in the world, most of them perfectly harmless. In fact, when you hear about extremists attacking girl's schools and killing everyone those children are probably muslim. The parents who sent them there are probably muslim. Many of the teachers probably are, too. The markets they attack, shops they burn, the people they threaten and harass are mostly muslim. They attack any local policemen, military and other security troops that are muslim. Terrorists want people who are afraid to control and people who are angry to join them. They don't give a fuck if the average civilian is caught between a rock and a hard place if it serves their purpose.

      They're looking to start a chain reaction where the more they attack, the more the western world retaliates and the more collateral damage which produces more resentment, more extremists, more terrorists which leads to more attacks and so on. Part of that is conditioning the masses, creating the feeling that the rest of the world hates them is pretty good seeds for creating an believer/unbeliever concept just like Hitler did with über- and untermenschen. They don't need to get everybody in on it, they just need to make people too afraid to stick their neck out. Which is rather easy when you're on the "über" side of the equation, pretend to say your prayers, keep your head down and STFU and hopefully nobody comes to chop it off.

      --
      Live today, because you never know what tomorrow brings
    52. Re:In before... by Sique · · Score: 3, Informative

      If I made a movie making fun of the Bible today, how many death threats could I expect? Oh yeah. Zero.

      This is quite not the case. Life of Brian, Franca Rame.

      --
      .sig: Sique *sigh*
    53. Re:In before... by Sique · · Score: 1

      Luckily all the 32 armed conflicts of the year 2000 involved christians. We won!

      --
      .sig: Sique *sigh*
    54. Re:In before... by Anonymous Coward · · Score: 0

      There is nothing anti-muslim in the movie. It is a "different" point of view. Even Muslims have different point of view among themselves. But the facts remain that Mohammed was a warlord, he did commit all these murders, tortures and mutilation, he also was a paedophile. Muslims do no contest these facts, it is written in the Quran.

      I, for one, enjoyed the movie. It is so bad that it is funny. You can judge by yourself: Innocence of Muslims

    55. Re:In before... by Stormwatch · · Score: 1

      If this had been a group of muslims funded by al Qaeda, who had made a grossly inflammatory hate movie against your greatest hero, whoever that is, would you have come out to defend their freedom of speech?

      How factually correct is their movie?

    56. Re:In before... by Anonymous Coward · · Score: 1

      This is enforcing the rights we already have. Cindy Lee Garcia's right to control her identity is being upheld.

      Similarly, movie extras don't really get legal grounds to claim the whole movie...

      It's hard to square your support and the statements above with the facts below.

      Cindy Lee Garcia appears in the movie for a total of 5 seconds:
      https://www.eff.org/deeplinks/2014/02/bad-facts-really-bad-law-court-orders-google-censor-controversial-video-based

      "Google also didn't understand the rationale for going beyond the five seconds that Garcia appeared in the movie to have the entire movie removed."
      http://www.hollywoodreporter.com/thr-esq/secret-innocence-muslims-order-caused-683895

      So, now we've set a precedent that someone appearing for 5 seconds in a video where they didn't know the final topic can have it taken down via copyright. Say goodbye to filming on location, investigative journalism, and any kind of controversial documentary.

    57. Re:In before... by slickepott · · Score: 1

      If the hate is within the rights of your freedom of speech - sure I would.

      And sure, run naked too. I won't and I guess most won't but I wouldn't care personally if people did. That's their problem. :)

    58. Re:In before... by flyneye · · Score: 5, Insightful

      Its too low budget and obviously biased to be believed. If they had a point made by any fact, it was lost in their enthusiasm to trash Islam.
      However this opens the door to Christians taking down Atheist videos, Atheist taking down Christian videos, Islamic taking down Jewish videos, Jews taking down Islamic videos, $cientologists taking down Subgenius videos, Subgenii taking down $cientology videos and Anonymous taking down any server that displeases them.
      I think we can live with a few offensive videos and keep everyones grubby mits to their goddamn selves.

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    59. Re:In before... by AmiMoJo · · Score: 1

      Evidence in criminal cases is not subject to copyright limitations.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    60. Re:In before... by Anonymous Coward · · Score: 0

      No that is the desired effect of a murder or a soliciting of a murder.

      The point of a death threat could just aswell be to get someone to do something they don't want to. It could also be to make someone feel uncomfortable/scared/terrified.

    61. Re:In before... by Anonymous Coward · · Score: 0

      1/10 for that Troll

    62. Re:In before... by Anonymous Coward · · Score: 1

      If you have a problem (I think Carl should wear a blue sweater). You devise a solution (Let's write a death threat to Carl saying that unless he wears a blue sweater we will kill him). You test your solution. And observe the result.

      Seems pretty rational to be.

      It's also likely to have you ending up i jail. But if going to jail was a price you were willing to pay for making Carl wear a blue sweater then it is still rational.

    63. Re:In before... by Anonymous Coward · · Score: 0

      Yes I would, assuming it ended up on slashdot's front page.
      A few quotes I like:
      “I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations.” - James Madison
      “Because if you don't stand up for the stuff you don't like, when they come for the stuff you do like, you've already lost.” - Neil Gaiman
      “If liberty means anything at all, it means the right to tell people what they do not want to hear.” - George Orwell
      “I do not agree with what you have to say, but I'll defend to the death your right to say it.” - Voltaire
      “I may not agree with you, but I will defend to the death your right to make an ass of yourself.” - Oscar Wilde
      “Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.” - John Milton
      “Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech.” - Benjamin Franklin

    64. Re:In before... by CaptSlaq · · Score: 1

      Its too low budget and obviously biased to be believed. If they had a point made by any fact, it was lost in their enthusiasm to trash Islam. However this opens the door to Christians taking down Atheist videos, Atheist taking down Christian videos, Islamic taking down Jewish videos, Jews taking down Islamic videos, $cientologists taking down Subgenius videos, Subgenii taking down $cientology videos and Anonymous taking down any server that displeases them. I think we can live with a few offensive videos and keep everyones grubby mits to their goddamn selves.

      And thus the prophecy from FSM will be fulfilled: Cats will be all that is left on the internet.

    65. Re:In before... by Anonymous Coward · · Score: 0

      It's not rational to presume to know the mental state of other people, especially when they are completely unknown to you.

    66. Re:In before... by silentcoder · · Score: 2

      That was terrible choice of example - since the right to life has *always* trumped free speech rights and death threats are specifically (and have always been) excluded from said right.
      Now whether you can extend "you may not make death threats" to "you can suppress something because it leads to death threats" is an entirely *different* debate - but your wording was terrible - because it's a long established thing that somebody's right not to receive death threats DO trump freedom of speech - at least of those who want to make them.
      The same goes for incitement to violence or speech likely to incite a panic.

      --
      Unicode killed the ASCII-art *
    67. Re:In before... by silentcoder · · Score: 3, Informative

      > I am pretty sure that at the time it was completely normal in Christendom too to consider females adults after they first menstruate.

      Actually that lasted until much, much later - Shakespeare's Juliette is a mere 12 years old and yet "younger than her are happy mothers made" - marriage age in Dutch colonies average 16 for boys and 14 for girls until the 17th century and it wasn't until the 20th century that most countries saw it go higher than age 20.

      As late as the 1950's it was still legal for a minor below the age of consent to marry in most countries if she had parental permission. Since then this has largely changed- while minors can marry in most countries today (provided their parents consent AND sign an emancipation form) they cannot do so before the age of sexual consent anymore.

      Now this doesn't mean we should approve of it, or that we cannot judge ancient practices by modern standards (if only to avoid repeating the mistakes) but we certainly should be consistent when doing so - and there is absolutely no religion or culture on earth (least of all Christendom and Judaism) which is innocent of this particular practice,

      --
      Unicode killed the ASCII-art *
    68. Re:In before... by silentcoder · · Score: 1

      Actually this may be the most sane response to this entire debate I've read yet. Where are mod points when I need them.

      --
      Unicode killed the ASCII-art *
    69. Re:In before... by Eunuchswear · · Score: 1

      Finally, I don't think Islam is significantly more -- or less -- violent than basically any other organized religion I can think of save Buddhism.

      Save Buddhism? You've never heard of Sri Lanka?

      --
      Watch this Heartland Institute video
    70. Re:In before... by Eunuchswear · · Score: 2

      Why isn't she using the law to have these fanatics hauled in front of a judge for the death threats they sent her?

      Could it be related to the fact that there is a "Hussein" in the POTUS's name ?

      No.

      Cretin.

      --
      Watch this Heartland Institute video
    71. Re:In before... by Anonymous Coward · · Score: 0

      If the point of the film was to show them as violent animals then they did that themselves when they made death threats to an actress.

    72. Re:In before... by bigrockpeltr · · Score: 1

      or Burma recently

      --
      $ unzip, strip, touch, finger, grep, mount, fsck, more, yes,fsck,fsck,fsck,umount, sleep
    73. Re:In before... by pla · · Score: 1

      Wow, where to start...


      you still have no right what-so-ever to watch an X rated film that features a person still a minor under US law

      You want to compare a crappy vitriolic C-movie to child porn. Okay, you've established the tone here, if not much else...


      and yet used one in representing himself to the actors and in signing their contracts

      Violating a condition of release doesn't invalidate an entirely unrelated contract, nor does using an alias - If you sign up for a credit card under your dog's name, it doesn't magically relieve you of the burden of paying for charges you make on that card.


      ignoring that one side has been convicted of criminal acts, which makes your whole point moot

      Prior criminal convictions don't invalidate an entirely unrelated contract. OJ can still sign a contract with a publisher to explain to the world how he "would have" done it (though as a tangential issue, he can't profit from it until he pays off the civil penalties against him).


      and you don't have a right to have them put at further risk

      Quite right - I don't. They did it to themselves by appearing in the movie in the first place. And now they get to face the consequences of spewing hate. Sorry, but they don't all magically get a "do-over" because of the even worse asshattery of the producer.

    74. Re:In before... by Runaway1956 · · Score: 1

      I suppose that I should stop burglarizing the NSA's offices then? And, the FBI? That just sucks - I guess I'll have to go back to working for a living.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    75. Re:In before... by erikkemperman · · Score: 1

      All right, maybe I didn't phrase that very well. My impression is that Buddhism, on the whole, is a less violent philosophy than other religions. I am never sure if Buddhism counts as a religion because it has no god (or, if you prefer, everyone is potentially godlike.

      Oh and offtopic, but Heartland in your .sig? Sarcasm?

      --
      Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    76. Re:In before... by TapeCutter · · Score: 1

      Yes we can and do live with offensive videos, I agree if you don't like it then don't watch it. However, I think the notoriety of the clip, the misrepresentation of the film by the producers to the actors (resulting in credible death threats against the actors), and the lack of any discernible "art", adds up to that "something special" required to pull it from major content providers such as YT. Of course it won't be "wiped from the internet" but I think they already know that, and that the best they can hope for is to get the major commercial sites to comply.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    77. Re:In before... by interkin3tic · · Score: 1

      I don't know, I think all the cultists who are murderously upset at this actress probably already know about it. I'm skeptical that Al qaeda reads "The Verge."

    78. Re:In before... by brainboyz · · Score: 1

      But how long until they're ordered to scrub any page containing it from the search results?

    79. Re:In before... by Eunuchswear · · Score: 1

      Re; The heartland video.

      No, it's not sarcasm. They invited Scott Denning to their fake "ICCC6" conference and he demolished their idiotic denialist bullshit.

      Great line to close on: Are you cowards?

      --
      Watch this Heartland Institute video
    80. Re: In before... by brainboyz · · Score: 1

      1st Amendment acknowledges a right. Suppressing the video is suppressing the right.

    81. Re:In before... by erikkemperman · · Score: 1

      Thanks for confirming, I figured as much :-)

      I'll take a look, just as soon as I'm not supposed to be working. If you like this kind of demolishing you might find Naomi's Klein piece here worthwhile. (I have been bashed before for linking to the Nation, but nevermind).

      --
      Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    82. Re:In before... by Anonymous Coward · · Score: 0

      Speech which threatens can be excluded from said right, but stopping other people's speech because someone else then threatens is not, I believe, a reasonable response. I wouldn't have expected it to be legal either and indeed it seems its not the threats that have caused it to be taken down but a copyright claim over 5 seconds

    83. Re:In before... by CmdrTamale · · Score: 1

      Is this easy enough, far enough?

      http://thepiratebay.se/torrent...

      Currently one of 7 torrents, 4 seeded.
      --
      With horror you look on as you click on SUBMIT.

    84. Re:In before... by Anonymous Coward · · Score: 0

      Doesn't freedom of speech include the freedom to refuse to speak?

      Historically, the US legal profession has found this inconvenient.

      Prior to the 14th Amendment, a case could legitimately be made that the states could coerce people to speak, since the 1st Amendment explicitly limits only Congress in the final version of the Bill of Rights.

      If memory serves, the states were limited as well in Madison's earlier drafts, and this was changed by the Senate. Madison was personally experienced with state government abuse of power (having fought against an action by Virginia that violated the state's own Bill of Rights), but it is likely the slave states wanted to be able to silence criticism of slavery and were able to subvert Madison's intentions.

      In any event, a reasonable interpretation of the 14th Amendment would be that government (whether state, local, or federal) is no longer allowed to coerce speech.

      However, it is convenient for the US legal profession to have contradictions in the legal system. This makes the legal system harder to understand for ordinary people, and thus creates an artificial demand for the services of the legal profession. It is easy to see many instances of this phenomenon.

      Thus, as a consequence of this ethical conflict of interest on the part of the legal profession, freedom of speech does not include the freedom to refuse to speak.

      The right to ethical practice of law can be asserted as a right retained by the people under the 9th Amendment. As rights retained by the people can not be taken away by the legal profession or any element of government (if they could, they would no longer be retained - a contradiction), it is appropriate to conclude that the practices of the US legal profession with respect to freedom of speech are both unconstitutional and unethical, making them HIGHLY illegal.

      The silence of the legal profession on this matter speaks volumes.

      There are situations when it is probably reasonable to allow the government to coerce speech. For example, it is reasonable to allow the government to coerce testimony from current government employees regarding their official duties. The ONLY way this can be implemented that is consistent with legal ethics (and the 9th Amendment) is by means of an explicit amendment.

    85. Re:In before... by otc-lame · · Score: 1

      However this opens the door to Christians taking down Atheist videos, Atheist taking down Christian videos, Islamic taking down Jewish videos, Jews taking down Islamic videos, $cientologists taking down Subgenius videos, Subgenii taking down $cientology videos and Anonymous taking down any server that displeases them.

      No, it doesn't. Did you even read the summary? I mean no one reads the article, but at least read the summary ffs. The actress was duped, it's being taken down on the basis that it's a misuse of her image. That doesn't open the door for any damn thing. Sickening that the post got modded insightful.

    86. Re:In before... by Anonymous Coward · · Score: 0

      You have the right to remain silent, so shut the fuck up, okay? You have the right to an attorney. If you can't afford an attorney, we'll provide you with the dumbest fucking lawyer on earth. If you get Johnny Cochrane, I'll kill ya!

    87. Re:In before... by flyneye · · Score: 1

      I do not offend myself with the artistic endeavors of others. I do find disgust in hurried product that COULD have been done better in spite of budget. I give it a D+.

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    88. Re:In before... by flyneye · · Score: 1

      This ISNT the first time this film has been taken down.
      Didnt the summary read the summary?

      --
      *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
    89. Re:In before... by Anonymous Coward · · Score: 0

      No person is rational, your argument relies solely on the ad hominem fallacy.

  2. Dangerous precedent by bazmail · · Score: 2, Insightful

    Doesn't this mean that all videos critical of religion can potentially be subject to similar orders?

    The "church of scientology" will be all over this one.

    The constitutional protections, and by extension US citizens, take in in the ass yet again.

    1. Re:Dangerous precedent by Ralph+Wiggam · · Score: 5, Insightful

      The complainant is not a random critic who disagrees with the content of the film. And under normal circumstances, an actor would not have the standing to file a takedown notice either. But this woman claims that she was duped into appearing in the film under unusual circumstances and the judge seemed to agree.

    2. re: Dangerous precedent by Anonymous Coward · · Score: 0, Informative

      Please RTFA. This isn't taken down because it's critical of religion. It's taken down because it falsely represents the views of the actors who were tricked into performing their roles. You're still free to condemn any religion, but you can't misrepresent the opinions of others without their consent.

    3. Re:Dangerous precedent by icebike · · Score: 0, Flamebait

      Yup, pretty much. All you need is one disgruntled person who was even tangentially involved to come forward and complain, (about anything).

      This is why the Ninth needs to be dismantled.
      This would get laughed out of court anywhere else if even so much as a dollar changed hands.

      --
      Sig Battery depleted. Reverting to safe mode.
    4. Re:Dangerous precedent by Trashcan+Romeo · · Score: 2, Insightful

      I've been watching a lot of old "Law & Order" episodes recently and every time a character says something pious about "constitutional rights" I can only snort with derision at what a period piece the show is now. In our time - what might be conveniently described as "The Cheney Era" - the only rights you have are those that pose no inconvenience to the government or the business interests that rent it. If it suits the government to have you killed, you will be killed - and with no messy court paperwork to bother about. If it suits Comcast to monopolize broadband access, the FCC will roll out the red carpet before them.

    5. Re:Dangerous precedent by jklovanc · · Score: 3, Interesting

      This is a very specific instance where the actor claims that she was hired for a film about one thing and the film turned out to be about something else. Would you have a problem with being hired for a film about the advantages of having a father figure but when the film comes out it is actually about the benefits of pedophilia? It is not about religion; It is about misrepresentations on the filming contract.

    6. Re:Dangerous precedent by Aaden42 · · Score: 2

      Susan Sarandon supposedly hated Rocky Horror and regretted ever appearing in it. Shall we tear down all the copies of that?

      If nothing else, judges in cases like this should take to heart that once something is published on the Internet, it’s forever. I know no judge wants to hear, “You don’t have the power to do that, your Honor,” but the fact of the matter is there’s no way to ever remove something like this from public view.

      See also: Star Wars Christmas Special...

    7. Re: Dangerous precedent by bazmail · · Score: 4, Insightful

      It's taken down because it falsely represents the views of the actors

      What the hell does that even mean? They are actors, pretending to be someone else, i.e. pretending to have different views, thoughts, feelings etc. Its their job to "falsely represent themselves".

    8. Re:Dangerous precedent by jrumney · · Score: 1

      Doesn't this mean that all videos critical of religion can potentially be subject to similar orders?

      No. It does mean that all videos where the cast has been duped into starring in a film of a completely different nature than they thought they were making can potentially be subject to similar orders though.

    9. Re:Dangerous precedent by Ralph+Wiggam · · Score: 3, Insightful

      Susan Sarandon supposedly hated Rocky Horror and regretted ever appearing in it. Shall we tear down all the copies of that?

      Can she convince a judge that her contract to appear in the movie was invalid?

    10. Re:Dangerous precedent by PopeRatzo · · Score: 0, Offtopic

      If her breasts still look anything like they did in the movie Atlantic City, she could probably convince the judge of anything.

      I was a teenager when that movie came out and that scene where she rubs a lemon all over her body is indelibly burned into my brain. I remember thinking, "Hey! I think there's a mouse in my pants!" and then running out of the theater to try to beat it to death.

      --
      You are welcome on my lawn.
    11. Re:Dangerous precedent by noh8rz10 · · Score: 2

      Susan Sarandon supposedly hated Rocky Horror and regretted ever appearing in it. Shall we tear down all the copies of that?

      yes please. why would people sing and dance about such topics?

    12. Re:Dangerous precedent by gIobaljustin · · Score: 2, Informative

      Censorship is intolerable, and this decision is unjustifiable. If you care about freedom of speech, you agree with me 100%.

      --
      Thank you Dave Raggett
    13. Re: Dangerous precedent by Anonymous Coward · · Score: 1

      In order to use a model's image or performance for non-fair use purposes, you must have a VALID release to do so. People have publicity rights. Ie. you cannot use my face to sell acne creame without a release.

      She is suing to regain her publicity rights and to prevent her performance from being used. The judge agrees the producer acted in bad faith and restored her right. The producer no longer has a valid legal right to continue to use her performance therefore Google also no longer has a right to show it.

      It's unlikely we will see a flood of such lawsuits based on the argument against respectable content producers.

    14. Re:Dangerous precedent by TheGratefulNet · · Score: 1

      I just checked the bay and its up there. of course. and its not coming down.

      youtube is irrelevant. anyone who wants to see this can just grab it from tpb.

      the judge, while he might have meant well, is a moran. and he's encouraging more take-downs and more people making death threats. he's rewarding the 'rule by fear' and I don't like that one bit.

      I realize I'm not the one who could be getting the threats; but maybe putting her into protection or giving her a new ID is the better way. taking down the video just appeases the primitives and that is NOT going to help anyone in the long run.

      --

      --
      "It is now safe to switch off your computer."
    15. Re:Dangerous precedent by ATMAvatar · · Score: 1

      I would want to see a copy of the script before I performed one take of the movie. I just assumed any actor or actress would do the same.

      The only scenario for which I could feel sympathy for Ms. Garcia would be if the script was radically changed during the course of filming to the point where it was completely different. Even then, my sympathy is limited because I would personally insist in having a clause in the contract to terminate early when big script changes occur.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    16. Re:Dangerous precedent by Anonymous Coward · · Score: 0

      In our time - what might be conveniently described as "The Obama Era" - the only rights you have are those that pose no inconvenience to the government ...

      FTFY

    17. Re:Dangerous precedent by AK+Marc · · Score: 1

      A performer owns copyright of their performance, unless otherwise agreed. Most actors sign away these rights. She may have signed away those rights, but is arguing a breach of contract that would nullify that assignement of her copyright on her own work. If she is correct in that breach of contract assertion, then she should still hold copyright over her performance, and her scenes would have to be cut to end up with a work that the "owner" would be able to distribute.

      The principle issue here is not copyright, but contract law.

    18. Re:Dangerous precedent by Holi · · Score: 1

      So you decided to disregard everything the summary and the article said and make some bs comment. Brilliant

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    19. Re:Dangerous precedent by Holi · · Score: 1

      Are you reading impaired. Did you fail to understand that the producers actually lied to the cast about the movie they were creating. That is the reason the contract was invalidated not because the movie was bad.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    20. Re:Dangerous precedent by Holi · · Score: 3, Insightful

      Absolutely not. This has fuck all to do with freedom of speech, this has to do with being honest in your contracts and not trying to dupe people into making hate pieces.

      Your statement demanding everyone agree with you shows how little you actual care about free speech.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    21. Re:Dangerous precedent by Holi · · Score: 1

      So lying in a contract is ok? and What the hell does the 9th amendment have to do with this.

      You really want the 9th amendment revoked when it is the only thing that protects the majority of your rights?

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    22. Re:Dangerous precedent by cpt+kangarooski · · Score: 1

      A performer owns copyright of their performance, unless otherwise agreed.

      No, not quite.

      A mere performance, by itself, is not copyrightable. In order to be copyrightable, a performance must be fixed in a tangible medium. This always raises the question of whether the person doing the fixation is the actual author, or at least a joint author, with equal rights in the work. Basically it hinges on creativity. If the actor is in charge of their own costuming, lighting, cinematography, and direction, and everyone else is just following orders like a robot, with no creative input, and we set aside issues of works made for hire, then yes, the actor would be the sole author of the film. But if the actor isn't in charge of everything which, along with the performance, is being filmed, then they may be only one of many authors, and if it's the actor who is following orders like a robot, the actor may not have contributed any sort of authorship at all.

      Burrow-Giles Lithographic Co. v. Sarony is what you'll want to take a look at.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    23. Re:Dangerous precedent by gIobaIjustin · · Score: 1

      Absolutely not. This has fuck all to do with freedom of speech

      Really? Did government thugs order that a video be censored? Yes. Therefore, it's related to freedom of speech.

      Censorship automatically makes this a free speech issue, and censorship is intolerable 100% of the time. If you disagree, you obviously don't care about freedom of speech, though almost certainly you'll try to claim that this isn't True Speech, so it's not a violation of free speech rights to censor it. Know that I'll hear none of that nonsense.

      Your statement demanding everyone agree with you shows how little you actual care about free speech.

      Incorrect. That would only be true if I demanded that government thugs censor any speech that I disagree with.

      Fuckin' Slashdot.

    24. Re:Dangerous precedent by Anonymous Coward · · Score: 1

      If you can't even read an article we're not putting any hope on you being able to read the script.

    25. Re:Dangerous precedent by Anonymous Coward · · Score: 0

      I might have taken a clue when they asked me to film a scene that was suppose to show an adult having sex with a child.... but then again those in the acting profession often aren't that bright.

    26. Re:Dangerous precedent by jklovanc · · Score: 1

      They changed the script after filming as they dubbed over her dialogue.

    27. Re:Dangerous precedent by mooingyak · · Score: 1

      So lying in a contract is ok?

      Totally agree with your point here, but ...

      and What the hell does the 9th amendment have to do with this.

      I think he meant the 9th circuit, as referred to in the summary:
      The Ninth Circuit Court of Appeals has granted a temporary takedown order on behalf of Cindy Lee Garcia

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    28. Re:Dangerous precedent by ultranova · · Score: 1

      Even then, my sympathy is limited because I would personally insist in having a clause in the contract to terminate early when big script changes occur.

      I guess making such demands as to keep you from ever appearing in any movie would be an effective way to avoid being in this situation.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    29. Re:Dangerous precedent by vux984 · · Score: 0

      Censorship automatically makes this a free speech issue, and censorship is intolerable 100% of the time.

      So I come to your home, install a camera in your pre-teen daughters room, stream it to a web cam somewhere and sell access, along with all the archived footage.

      And you'll be ok with that, because any attempt to take it offline would be "government thugs ordering a video to be removed", and that's censorship and that's 100% intolerable 100% of the time.

      I mean sure you might get me put in prison for a while, but the site can stay up right?

    30. Re:Dangerous precedent by Artifakt · · Score: 1

      Find my earlier post in this thread, and read it. You owe a couple of people, at least one of which is ten times the person you might ever hope to be, an apology (starting with the judge you keep calling a thug, and ending with Holi). The question is not whether you will hear nonsense, it's will you hear facts, when those facts make you look petty and judgemental.

      --
      Who is John Cabal?
    31. Re:Dangerous precedent by gIobaljustin · · Score: 1

      Censorship is not only pointless, but intolerable. Look, if you don't like freedom of speech, then just say so.

      --
      Thank you Dave Raggett
    32. Re:Dangerous precedent by gIobaljustin · · Score: 1

      I found your post, but I see nothing that contradicts what I said. A video was censored, and it was a government thug that ordered it to happen, making this a free speech issue.

      I suppose you think I am the type of person who would sacrifice freedom for safety? If so, I will say this: I am not. Now, go get molested by the TSA.

      --
      Thank you Dave Raggett
    33. Re:Dangerous precedent by lister+king+of+smeg · · Score: 1

      I've been watching a lot of old "Law & Order" episodes recently and every time a character says something pious about "constitutional rights" I can only snort with derision at what a period piece the show is now. In our time - what might be conveniently described as "The Cheney Era" - the only rights you have are those that pose no inconvenience to the government or the business interests that rent it. If it suits the government to have you killed, you will be killed - and with no messy court paperwork to bother about. If it suits Comcast to monopolize broadband access, the FCC will roll out the red carpet before them.

      The Vice President actually has very little power all he gets to do is count congressional votes and act as a tie breaker in the senate, sit in on the security counsel meetings, and is on the board of the Smithsonian thats pretty much it, oh and make an ass of themselves to draw attention media attention away from the president when he has screwed the pooch. So why are you saying the Cheney ere? Would it not be more accurate to say the Bush/Obama ere?

      --
      ---Saying gnome 3 is better than windows 8 not so much a compliment as it is damning with light praise.
    34. Re:Dangerous precedent by rastos1 · · Score: 1

      I've been watching a lot of various movies and TV series recently and every time a character says something pious about "constitutional rights" there is a reply along the lines: this is a matter of national security and you have no rights or you are charged under terrorist laws and you have no rights. No lawyer, no phone call, no keeping the mouth shut, no fair trial, ...

      FTFY.

      As far as I can see, the public should be pretty much educated about that by now.

    35. Re:Dangerous precedent by vux984 · · Score: 0

      Censorship is not only pointless, but intolerable. Look, if you don't like freedom of speech, then just say so.

      If you don't want the government thugs taking down your child porn site, then just say so.

    36. Re:Dangerous precedent by Anonymous Coward · · Score: 0

      I would personally insist in having a clause in the contract to terminate early when big script changes occur.

      Captain Hindsight strikes again.

    37. Re:Dangerous precedent by Anonymous Coward · · Score: 0

      I think you're intentionally missing his point.

      The judge and the actress are legally in the right to order the original producer of the video to stop distributing it. This is the penalty of pushing someone into a bad faith contract that results in their later harm.

      But ordering all copies of the movie to be removed from public view is censorship, and as a court order, that's illegal. If the purchasers of those already-distributed copies of the movie wish to remove it from public view, then that is their right. Otherwise, the court can fuck right the hell off. The first amendment makes that the prevailing law. Congress can't make a law abridging freedom of speech, so no law can be interpreted by the judiciary to abridge freedom of speech. "Speech" includes sharing a video on YouTube, especially when the copyright owner has approximately zero incentive to ask you to take it down.

    38. Re:Dangerous precedent by Megol · · Score: 1

      Like a /. neckbeard would get any acting role...

    39. Re:Dangerous precedent by Anonymous Coward · · Score: 0

      Your comment reminds me of when I hear the Rockwell song "Somebody's Watching Me" from the late 80s where the first-person protagonist of the song has paranoia. Eventually we get to the line "I wonder who's watching me now? The IRS?" How quaint. (Never thought I would consider the 80s quaint but there you go.)

    40. Re:Dangerous precedent by Anonymous Coward · · Score: 0

      No it is copyright not contract.
      'A performer owns copyright of their performance, unless otherwise agreed.', this may be true but it has to be significant enough to warrant copyright in the first place

    41. Re: Dangerous precedent by Anonymous Coward · · Score: 0

      Unless they where using her image to promote the film I fail to see what relevance publicity rights have, especially to Google.
      Its about copyright not publicity rights.

    42. Re:Dangerous precedent by AK+Marc · · Score: 1

      'A performer owns copyright of their performance, unless otherwise agreed.', this may be true but it has to be significant enough to warrant copyright in the first place

      That was a given that wasn't argued for or against by either side, so I'm curious how you think that's a critical issue.

    43. Re:Dangerous precedent by gIobaljustin · · Score: 1

      I don't want government thugs taking down any website. I thought that was clear from my comments.

      --
      Thank you Dave Raggett
    44. Re:Dangerous precedent by vux984 · · Score: 1

      I don't want government thugs taking down any website. I thought that was clear from my comments.

      "Censorship is intolderable" doesn't make "child porn websites tolerable".

      They are BOTH intolerable as far as I'm concerned, so when the two principles overlap in opposition I'm prone to take a more nuanced approach to looking at the right thing to do.

      I do not see any benefit to society in having an illegal child porn video of a pre-teen, taken without her knowledge or consent, and against her wishes, online;

      What possible benefit do you imagine?

    45. Re:Dangerous precedent by mrjimorg · · Score: 1

      Hmmm... what about all the people that show up in Borat like movies?

    46. Re:Dangerous precedent by gIobaljustin · · Score: 1

      I would derive no benefit from it, just like I derive no benefit from your comment. However, I do not want government thugs censoring anything, as I care far more about free speech than I do about stopping the child porn bogeyman. If you want to talk about going after rapists, fine, but if you're trying to convince me that censorship is okay, don't bother.

      --
      Thank you Dave Raggett
    47. Re:Dangerous precedent by vux984 · · Score: 1

      I would derive no benefit from it, just like I derive no benefit from your comment.

      I didn't ask what benefit you derived personally, but what benefit you imagine imagine society derives from such a video remaining online.

      The harm to the affected people is evident, so what is the benefit? Not to you, but to anyone.

    48. Re:Dangerous precedent by gIobaljustin · · Score: 1

      I didn't ask what benefit you derived personally, but what benefit you imagine imagine society derives from such a video remaining online.

      Sorry, but I don't think things should be banned merely because society doesn't benefit from them; I see that as tyranny.

      The harm to the affected people is evident

      The rape is what's harmful, if they were raped. I do not believe mere speech can be harmful.

      Not to you, but to anyone.

      Anyone? Some people find great pleasure in child porn. Not just pedophiles, either.

      --
      Thank you Dave Raggett
    49. Re:Dangerous precedent by vux984 · · Score: 1

      The rape is what's harmful, if they were raped. I do not believe mere speech can be harmful.

      I see harm to the victims and their families in the ongoing shame and humiliation simply by being out there, readily available to the public.

      In the general case I see harm in speech such as menacing death threats, and even bullying.

      Anyone? Some people find great pleasure in child porn. Not just pedophiles, either.

      Fair enough. And I suppose I don't have any objection per se to child porn that is not an otherwise illegally made recording.

      I think the ongoing shame and humiliation of the victims is a price society should not deem worth 'indulging their great pleasure' in the material.

    50. Re:Dangerous precedent by gIobaljustin · · Score: 1

      I see harm to the victims and their families in the ongoing shame and humiliation simply by being out there, readily available to the public.

      Emotional 'damage' is subjective. Allowing the government to ban things based on that is tyranny.

      In the general case I see harm in speech such as menacing death threats, and even bullying.

      I don't.

      I think the ongoing shame and humiliation of the victims is a price society should not deem worth 'indulging their great pleasure' in the material.

      Well, again, I care about free speech and am 100% opposed to censorship, so I don't think people's emotional nonsense should determine what needs to be banned.

      But the censorship crowd has already lost. The Internet is simply too big a phenomena for you people to control it, and for that, I am grateful. Hopefully, in the future, new technology will arise that makes it even more impossible.

      --
      Thank you Dave Raggett
    51. Re:Dangerous precedent by vux984 · · Score: 1

      Emotional 'damage' is subjective

      True, but its the damage that matters here. Even the rape itself is often far more damaging at an emotional level than a physical one. If you drug and then rape someone the physical impact of the rape may well be all but gone after a couple showers. Its the emotional damage that stays with you.

      Allowing the government to ban things based on that is tyranny.

      ban based on what? things that are subjective? that's ridiculous. The difference between rape and consensual sex is a subjective judgment too. So I guess we can't ban rape... because there's no real way to establish whether there was consent or not except some sort of subjective decision by a jury?

      I don't.

      Others do.

      Well, again, I care about free speech and am 100% opposed to censorship, so I don't think people's emotional nonsense should determine what needs to be banned.

      Yeah, I care about free speech too. But I don't think people's emotional state is 'nonsense'.

      But the censorship crowd has already lost.

      Are we using the same internet? I think the internet is getting steadily more constricted.

      Hopefully, in the future, new technology will arise that makes it even more impossible.

      Hopefully the future will bring about a society with loftier dreams than that.

    52. Re:Dangerous precedent by gIobaljustin · · Score: 1

      True, but its the damage that matters here.

      The subjective emotional damage. It is this sort of mentality that allows government thugs to, for instance, censor 'swear words' on television, or ban public nudity; it's just nonsense, and it is tyranny.

      The difference between rape and consensual sex is a subjective judgment too.

      Simply incorrect, and you're missing the point. It's based on consent and ownership of the body. Separate hurt feelings from the *objective fact* of whether or not someone gave consent. And I merely said we should not ban things just because people's feelings get hurt, not that we can eliminate subjectivity from everything.

      Yeah, I care about free speech too.

      No, you don't. You only care about speech you don't vehemently disagree with.

      Are we using the same internet? I think the internet is getting steadily more constricted.

      It may seem that way, and they certainly try to implement censorship, but if you've been paying attention, they are failing.

      --
      Thank you Dave Raggett
    53. Re:Dangerous precedent by Ralph+Wiggam · · Score: 1

      They sign legally binding releases after the scene is filmed.

    54. Re:Dangerous precedent by vux984 · · Score: 1

      It is this sort of mentality that allows government thugs to, for instance, censor 'swear words' on television, or ban public nudity; it's just nonsense, and it is tyranny.

      Same 'mentality' I suppose, but a vastly different degree. And it doesn't take a lot of empathy to see the difference.

      Separate hurt feelings from the *objective fact* of whether or not someone gave consent.

        There is no way for a 3rd party like 'society' to determine the 'fact' objectively. Hell, even the rapist and victim may well honestly disagree on whether consent was given.

      No, you don't. You only care about speech you don't vehemently disagree with.

      Nope. I do. I just don't let it be the single consideration.

    55. Re:Dangerous precedent by gIobaljustin · · Score: 1

      And it doesn't take a lot of empathy to see the difference.

      The situations aren't exactly the same (I never said otherwise), but censorship is always evil.

      There is no way for a 3rd party like 'society' to determine the 'fact' objectively.

      Nor do they need to. There is such a thing as "good enough" in the 'justice' system. Your problem is that you conflate the act of banning something because it 'causes' people emotional 'damage' with getting rid of all forms of subjectivity everywhere; that's just nonsense. The two simply aren't the same.

      Nope. I do. I just don't let it be the single consideration.

      It should be the single most important consideration, if you care about free speech.

      --
      Thank you Dave Raggett
    56. Re:Dangerous precedent by vux984 · · Score: 1

      but censorship is always evil.

      So is forcing someone to live in a world where another member of their society can run a website hosting videos of them being raped.

      Most of society thinks that's evil too. Maybe you don't and that's fine. But you are in the distinct minority, most of us do.

      It should be the single most important consideration, if you care about free speech.

      One can care about free speech without it being the only consideration in all situations at all times.

    57. Re:Dangerous precedent by gIobaljustin · · Score: 1

      So is forcing someone to live in a world where another member of their society can run a website hosting videos of them being raped.

      People say things that I don't like all the time. I for one don't even care about kiddie porn. But you don't see me asking for censorship and abandoning my principles.

      One can care about free speech without it being the only consideration in all situations at all times.

      Either you care about free speech and oppose censorship, or you don't. There is no in-between.

      --
      Thank you Dave Raggett
    58. Re:Dangerous precedent by vux984 · · Score: 1

      But you don't see me asking for censorship and abandoning my principles.

      I see you perpetuating evil by mindlessly following the strictest interpretation of your principles regardless of the consequences in the real world.

      Either you care about free speech and oppose censorship, or you don't. There is no in-between.

      Either you care about human dignity or you don't. Evidently you don't.

    59. Re:Dangerous precedent by gIobaljustin · · Score: 1

      I see you perpetuating evil by mindlessly following the strictest interpretation of your principles regardless of the consequences in the real world.

      The consequences are that people's feelings get hurt. I see you perpetuating evil by taking the easy, evil way out (censorship) and destroying freedom in the process.

      Go get molested by the TSA.

      Either you care about human dignity or you don't. Evidently you don't.

      "human dignity" (an ambiguous piece of shit) means little to me in the face of important things like freedom of speech.

      --
      Thank you Dave Raggett
    60. Re:Dangerous precedent by vux984 · · Score: 1

      Go get molested by the TSA.

      The only harm caused by that is to "human dignity", which you don't think is at all important anyway.

      "human dignity" (an ambiguous piece of shit) means little to me in the face of important things like freedom of speech.

      Yeah, god forbid we try to have the best of both.

    61. Re:Dangerous precedent by gIobaljustin · · Score: 1

      The only harm caused by that is to "human dignity", which you don't think is at all important anyway.

      It's a vague piece of shit, and no, I don't think hurt feelings are an excuse for censorship.

      However, like rape, getting molested by government thugs is a violation of your personal space and a violation of the constitution. You're desperately trying to compare incomparable issues (One is an argument against government thugs censoring information, and the other is an argument *for* government thugs getting into people's lives and violating the fourth amendment and privacy rights.) so you can justify your precious censorship.

      Yeah, god forbid we try to have the best of both.

      You can't *have* the "best" (What does that even mean? It's 100% subjective.) of both. Hurt feelings are not, never will be, and never have been an excuse for censorship. Look, I get it; you don't care about freedom of speech. Just admit that you're a censorship lover and be done with it.

      --
      Thank you Dave Raggett
    62. Re:Dangerous precedent by vux984 · · Score: 1

      Just admit that you're a censorship lover and be done with it.

      Not happening because i don't love censorship. I see it as a necessary evil in some cases, where the harm of it not doing it exceeds the harm of doing it.

      That we disagree on the how to measure the relative harms is evident, but that doesn't make me a 'censorship lover'.

    63. Re:Dangerous precedent by gIobaljustin · · Score: 1

      Not happening because i don't love censorship.

      You want to marry it.

      --
      Thank you Dave Raggett
  3. So much for satirical documentaries by Anonymous Coward · · Score: 1

    The Yes Men do this all the time.

  4. Copyright? by wiredlogic · · Score: 4, Insightful

    How can someone who performed in a work-for-hire claim copyright? They own nothing other than the cash they were paid for their services.

    Rather than Streisand herself she should just change her name. It sucks to have to do so but that's her only recourse.

    --
    I am becoming gerund, destroyer of verbs.
    1. Re:Copyright? by Anonymous Coward · · Score: 2, Insightful

      It opens the door for every actor to sue the producers for copyright violation. The judge is basically saying that the director has no right to edit the film in a way the actors disapprove of, because the actors are being "creative".

    2. Re:Copyright? by Ralph+Wiggam · · Score: 5, Informative

      How can someone who performed in a work-for-hire claim copyright?

      She's claiming that the work for hire contract was deceptive and is not valid. The judge apparently agrees.

      When this story first broke, some people tracked down the film's creator. He seemed like a real scumbag who would certainly be capable of shit like that. He is an Egyptian Coptic Christian, and his people have certainly been fucked over by the Muslim majority in that country. But that movie seems like a terrible idea on many levels.

    3. Re:Copyright? by Anonymous Coward · · Score: 1

      I don't see how a "regular" actor could sue, they must all have contracts that they work-for-hire or signed release forms etc. giving them no rights

      lots of "reality" shows, girl-gone-wild etc. would be in big trouble if they could be sued every time some one thought they were put in a bad light

    4. Re:Copyright? by Anonymous Coward · · Score: 0

      This ruling could fuck up documentaries and gonzo journalism as well. I couldn't have believed me writing this but lets hope MPAA is victorious with its appeal.

    5. Re:Copyright? by AK+Marc · · Score: 1

      How can someone who performed in a work-for-hire claim copyright?

      When the contract for the work for hire is invalid (not in good faith or fraudulent), as is claimed here.

      Or if that offends you, she claims she was defrauded, and the judgment she's seeking for the remedy for the fraud is partial-ownership of the copyright.

    6. Re:Copyright? by Holi · · Score: 1

      Deceptive Contract.

      Please people read and use some common sense. The producers lied about the movie, they did that because they knew that no one would work on the movie they were actually creating. Hence the invalidated contract.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    7. Re:Copyright? by Anonymous Coward · · Score: 0

      It is pretty obvious that the actors were duped. The name of the main character has been changed in postproduction. Whenever someone in the movie says the name, the sound cuts to a different voice that shouts "Mohammed!" while the lips of the actor say something else.

  5. Slander - not freedom of speech. by Anonymous Coward · · Score: 1

    I generally respect American-style freedom of speech when it comes to stupid and distasteful things. (I am not a US citizen). However, this isn't only about freedom of speech - it's about defamation and slanders. If it falsely makes it looks like the actors supported this film in a way they did not, they have every right to sue and try to get this taken down.

    Unfortunately, it won't really help their reputations though. They might want to consider posting their own followups for clarifications on their positions.

    I actually agree with this. I don't care if Fred Phelps screams messages of bigotry and hate, but I sure as hell would draw the line if he misrepresented MY opinions within his messages.

    1. Re:Slander - not freedom of speech. by icebike · · Score: 2

      It doesn't "falsely makes it looks like the actors supported this film", and the WHOLE POINT of freedom of speech is that you don't get to PICK AND CHOOSE.

      --
      Sig Battery depleted. Reverting to safe mode.
    2. Re:Slander - not freedom of speech. by aardvarkjoe · · Score: 3, Informative

      So make the statement yourself (without hiding behind the anonymity of Slashdot.)

      You don't get to put words in someone else's mouth without their permission, though.

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    3. Re:Slander - not freedom of speech. by wagnerrp · · Score: 2, Informative

      If it falsely makes it looks like the actors supported this film in a way they did not, they have every right to sue and try to get this taken down.

      While this may indeed be the case, this has nothing to do with copyright law. Actors working for hire have no copyright claims unless explicitly documented in their contract. Having this video taken down using copyright claims is a miscarriage of justice.

    4. Re:Slander - not freedom of speech. by Holi · · Score: 2

      There is no 1st amendment issue at stake here. No one has said the movie cannot be made, just that you may not lie in your contracts and trick people into working on something they would not normally do.

      Again not a 1st amendment issue but a contract issue. As the producers no longer have a right to distribute with out Garcia's permission.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    5. Re:Slander - not freedom of speech. by squiggleslash · · Score: 1

      While this may indeed be the case, this has nothing to do with copyright law.

      Unless the actress has a copyright interest in the finished work, which apparently she does. It's right there in the summary. You did read the summary, right?

      Seriously people, why are you fuckers commenting if you're not even willing to read the summary? And why are you jumping to the conclusion that a Judge just pulled this judgement completely out of his ass rather than at least starting with the assumption there's at least some basis for the decision?

      Oh, and you idiots who keep screaming "Freedom of speech" - here's the problem. The movie in question isn't being censored because of content, but because one of the makers (the actress in question) of the film has no desire to see it published. That is, actually, her right. The producers of the film can get around this by making the exact same film, only without the actress's involvement this time.

      People withdrawing their works is a time honored tradition. And in this case, unlike, say, Kubrick removing Clockwork Orange from UK theaters, the person demanding the work be withdrawn has actually been hurt, and is hurt by the movie continuing to circulate.

      --
      You are not alone. This is not normal. None of this is normal.
    6. Re:Slander - not freedom of speech. by gIobaljustin · · Score: 1

      People withdrawing their works is a time honored tradition.

      Censorship is also a "time honored tradition," but it's still completely intolerable. I hope our society someday grows out of this and realizes that free speech is a fundamental right that shouldn't be infringed upon like this.

      But I gain some enjoyment when I think about how they can't possibly censor it all. This video is absolutely everywhere at this point, and the censorship crowd has lost, even if they won a small victory by getting it removed (for now) from Youtube.

      --
      Thank you Dave Raggett
    7. Re:Slander - not freedom of speech. by wagnerrp · · Score: 1

      While this may indeed be the case, this has nothing to do with copyright law.

      Unless the actress has a copyright interest in the finished work, which apparently she does. It's right there in the summary. You did read the summary, right?

      Except... she doesn't. She was being paid under contract for her performance, which unless explicitly specified otherwise in the contract, means she transfers all copyrights of that specific performance to the studio (or individual) producing the work. The entire music industry has been operating under this concept for half a century now in order to screw over signed artists. This ruling, if not overturned by a higher court, is going to open a huge can of worms.

    8. Re:Slander - not freedom of speech. by gnasher719 · · Score: 1

      While this may indeed be the case, this has nothing to do with copyright law. Actors working for hire have no copyright claims unless explicitly documented in their contract. Having this video taken down using copyright claims is a miscarriage of justice.

      Actually, that seems to be the other way round. The actor _has_ the copyright on his performance, except when the contract says otherwise. Of course the contract says otherwise. Every contract between film companies and actors says otherwise. Just like my employment contract says that the copyright for code I write at work is assigned to my company. But if I write code for my company, but the contract is invalid because the company directory was banned from doing any business and lied about it, they didn't pay me and didn't intend to pay me, then the code is _mine_, no matter what the contract says.

    9. Re:Slander - not freedom of speech. by Megol · · Score: 1

      While this may indeed be the case, this has nothing to do with copyright law.

      Unless the actress has a copyright interest in the finished work, which apparently she does. It's right there in the summary. You did read the summary, right?

      Except... she doesn't. She was being paid under contract for her performance, which unless explicitly specified otherwise in the contract, means she transfers all copyrights of that specific performance to the studio (or individual) producing the work. The entire music industry has been operating under this concept for half a century now in order to screw over signed artists. This ruling, if not overturned by a higher court, is going to open a huge can of worms.

      A contract that is void due to criminal activity. FFS this isn't rocket science!

    10. Re:Slander - not freedom of speech. by Anonymous Coward · · Score: 0

      My problem is with 5 seconds of crap being deemed worthy of copyright. Without that she wouldn't have a copyright claim.

  6. And In Other News... by MightyMartian · · Score: 1, Informative

    And in other news, King Canute has officially commanded the tide to stop coming in. We'll keep you abreast of any late breaking details from this fascinating story.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  7. You don't tell the Google what to do. by Anonymous Coward · · Score: 0

    You just... don't. Google!

  8. Hmm /.? by Anonymous Coward · · Score: 0

    Hmm /.?

  9. Garcia had to file this legal complaint by Applehu+Akbar · · Score: 4, Interesting

    Because if she succeeds is suppressing the film, she gets to keep her head.

    But meanwhile, because even the more marginally sane decisions of the "Ninth Circus" are routinely blown away by the SCOTUS, this one will certainly not survive. Garcia therefore has a window of a few months to arrange for a new identity.

    1. Re:Garcia had to file this legal complaint by wagnerrp · · Score: 2, Insightful

      Whether you agree with the result of the ruling or not, this should not have been handled using copyright claims. An actor for hire with no ongoing royalties stipulated in their contract has no copyright claims on the content.

    2. Re:Garcia had to file this legal complaint by DaHat · · Score: 1

      Because if she succeeds is suppressing the film, she gets to keep her head.

      That's a rather silly idea... as it assumes that no one who would desire to kill her would have any other means of finding the movie... or for that matter hasn't seen it already.

      If anything, this suit has made her more of a target as all of the sudden more personal information is available.

    3. Re:Garcia had to file this legal complaint by blackraven14250 · · Score: 2, Informative

      It's not based in copyright claims, though. It's based on an invalid contract.

    4. Re:Garcia had to file this legal complaint by Anonymous Coward · · Score: 0

      But meanwhile, because even the more marginally sane decisions of the "Ninth Circus" are routinely blown away by the SCOTUS

      That's just urban legend, talk radio "big lies" and confirmation bias. The Ninth Circuit is overruled no more often than any other circuit court.

      But please keep spreading lies and using name calling to bolster your arguments. It makes it easier for the rest of us to detect the people who can't think for themselves.

    5. Re:Garcia had to file this legal complaint by AK+Marc · · Score: 1

      Why wouldn't this survive? She claims she was defrauded in her contract, and her demand for reparation of the fraud is partial ownership of the copyright.

      This case seems to be all about the contractual dispute, copyright is a minor issue. But in slashdot world, the copyright becomes the major issue, and the contractual dispute/fraud is ignored.

    6. Re:Garcia had to file this legal complaint by Anonymous Coward · · Score: 0

      But the contract is invalid, since the other party (the producer) lied about such fundamental things as his name, when a court had told him not to previously.

      It is a simple fraud case voiding the contract.

    7. Re:Garcia had to file this legal complaint by Anonymous Coward · · Score: 0

      do you really think that whether or not she gets the film suppressed has any effect at all on a bunch of Neanderthals most of them haven't seen the movie in
      the first place

    8. Re:Garcia had to file this legal complaint by Anonymous Coward · · Score: 0

      You mean the information that she didn't want to be in the end result of the movie and that she signed a contracted and filmed a *different* movie than the end result?

    9. Re:Garcia had to file this legal complaint by Anonymous Coward · · Score: 0

      No, its based on copyright. The contract has already been invalidated so isn't very relevant.

    10. Re:Garcia had to file this legal complaint by Anonymous Coward · · Score: 0

      I wasn't aware of any copyright assignment to her. I believe the copyright claim is that she has copyright and, since the contract is invalid, has always had. Considering the size of her role assigning copyright to it is an extremely favourable result for her.

      The fraud has already been decided and is a done deal. No one has objected to that on this thread so that is why it isn't the major issue. It'd just be full of 'me too'.

      There are people however that disagree with the judgement the summary is actually talking about so people are talking about that.

    11. Re:Garcia had to file this legal complaint by AK+Marc · · Score: 1

      There's copyright on sheet music, and copyright on the performance (on a CD, concert DVD). There's no question that a performer owns the copyright on their creation. The acting contracts recognize this and assign copyright to the producers (or whoever). That wasn't an issue that seems argued by anyone in the court case.

      The point of argument was whether the contract was violated, and if so, what remedy should be applied. The actor asserted that the contract was violated and because so, the copyright she assigned as an actor should be invalidated, returning copyright to her as the artist.

      Just because so many on Slashdot don't understand copyright doesn't mean that the copyright issues were disputed at all. If you don't like that, consider it this way, she was defrauded by a contract made in bad faith. Movies have copyright. As a reparation for the wrong she suffered, she was awarded partial ownership of the copyright for the work she added to. Again, the issue is the contract, and the copyright doesn't enter in, except as an undisputed award for a disputed contract disagreement.

      But all the idiots on Slashdot focus on the undisputed copyright issues as the major contention point. It wasn't.

  10. Why... by Anonymous Coward · · Score: 0

    Oh why are you bringing this back.. LET IT DIE.
    The more you talk about it, the more you're spreading it. Great job on re-igniting the flames.

    1. Re:Why... by Anonymous Coward · · Score: 0

      Oh why are you bringing this back.. LET IT DIE. The more you talk about it, the more you're spreading it. Great job on re-igniting the flames.

      That's part of cold fjord's job description.

    2. Re:Why... by amiga3D · · Score: 1

      Who gives a shit. I mean really, it's a shitty little movie about some crazy people. I don't get all the fuss.

    3. Re:Why... by Anonymous Coward · · Score: 0

      Right, because nobody will see it on the Google News, Drudge Report, CNN, ABC, NBC, CBS, Washington Post, New York Times, or any of the other usual places.

      Oh look! It's on BBC! Nobody ever heard of BBC!
      http://www.bbc.com/news/world-us-canada-26362784

      And France24
      http://www.france24.com/en/20140226-us-court-orders-google-pull-youtube-anti-islam-film-0/

      And %$@#$% TV in India!
      http://www.in.com/news/scitech/us-court-orders-google-to-remove-antiislamic-film-innocence-of-muslims-from-youtube-52543269-in-1.html

      Are all of Cold Fjord's critics idiots?

    4. Re:Why... by Anonymous Coward · · Score: 0

      Right, because nobody will see it on the Google News, Drudge Report, CNN, ABC, NBC, CBS, Washington Post, New York Times, or any of the other usual places.

      Are all of Cold Fjord's critics idiots?

      Fanning the flames of Muslim hatred is part of their job description too, numbnuts.

    5. Re:Why... by Anonymous Coward · · Score: 0

      The movie may be the biggest pile of steaming dog turd ever but that is beside the point. Its an actress getting a dubious copyright on a few seconds of performance then managing to get the whole film taken down.

  11. Interesting... by fuzzyfuzzyfungus · · Score: 4, Insightful

    While it's pretty obvious why everyone involved wants this particular issue to go away, it would be...striking... if that sort of legal reasoning didn't end up causing even more of a disturbance among American corporations and their assorted hired guns than the movie did among the hicks 'n zealots subset.

    Basically, something that looked a whole lot like a work for hire is suddenly not a work for hire anymore because the hireling didn't really approve of the changes made elsewhere in the production process. It's hard to imagine a theory much more dramatic than that, for any company doing business in copyrighted work slapped together by teams of employees.

    In fairness, I don't envy the actress who now enjoys the attention of some of the real dregs of abrahamic monotheism, even by the tepid standards of the genre; but the idea that that makes the movie no longer a work for hire (rather than, say, a reckless endangerment suit) has no obvious 'bright line' boundaries that would prevent it from applying to much less dramatic situations. They say that doing 'rights clearance' in film sucks already, imagine if every cast member, and maybe even the memorable extras, gets veto power based on whether they approve of the post-production special effects or not... That'd be fun to try to insure.

    1. Re:Interesting... by david_thornley · · Score: 1

      How did you get +4, Insightful while not knowing the facts?

      It's not a work for hire because the contract that would have made it so was ruled fraudulent and hence is unenforceable. This was at least not soley because of the deception, but also illegal and deceptive acts committed by the contractee in negotiating and signing the contract.

      That does make a nice bright legal line, and no marginally respectable moviemaker will have any problems from this decision.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  12. May as well be by SuperKendall · · Score: 1, Insightful

    The complainant is not a random critic who disagrees with the content of the film.

    It's close enough as to make no difference. Do you really think that EVERY actress/actor who finds the released movie different than the one she/he worked on can get the movie pulled when they have ZERO ownership of it? Absurd.

    The movie was never really a problem anyway - all of the protests against it were shams, as are death threats against the actress (obviously). And yet we are willing to let any person who appeared in a movie have a say over release and distribution... it will never work.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:May as well be by Ralph+Wiggam · · Score: 5, Insightful

      It's close enough as to make no difference.

      Actually it makes a big difference. To file a court case, you have to have "standing". A random person who's pissed off does not qualify. You have to be directly involved in the situation.

      I'm also surprised that an actor in a film was able to get any claim of ownership. An actor is expected to know that a movie can change due to rewrites, or editing, or any of the reasons that films normally change between the beginning and the end of the process. But if you can show that the producer was intentionally deceptive- that he planned the whole time to make an anti-Islam hit piece but told the actors something else, then that's a different story.

    2. Re:May as well be by Anonymous Coward · · Score: 0

      The complainant is not a random critic who disagrees with the content of the film.

      It's close enough as to make no difference. Do you really think that EVERY actress/actor who finds the released movie different than the one she/he worked on can get the movie pulled when they have ZERO ownership of it? Absurd.

      The movie was never really a problem anyway - all of the protests against it were shams, as are death threats against the actress (obviously). And yet we are willing to let any person who appeared in a movie have a say over release and distribution... it will never work.

      ORLY?

      Van Gogh was murdered by Mohammed Bouyeri as he was cycling to work on 2 November 2004 at about 9 o'clock in the morning, in front of the Amsterdam East borough office (stadsdeelkantoor), on the corner of the Linnaeusstraat and Tweede Oosterparkstraat (522132.22N 45534.74E).[3] The killer shot van Gogh eight times with an HS2000 handgun. Initially from his bicycle, Bouyeri fired several bullets at Van Gogh, who was hit, as were two bystanders. Wounded, Van Gogh ran to the other side of the road and fell to the ground on the cycle lane. According to eyewitnesses, Van Gogh's last words were: "Mercy, mercy! We can talk about it, can't we?"[4] Bouyeri then walked up to Van Gogh, who was still lying down, and calmly shot him several more times at close range.[5][6] Bouyeri then cut Van Gogh’s throat, and tried to decapitate him with a large knife, after which he stabbed the knife deep into Van Gogh's chest, reaching his spinal cord. He then attached a note to the body with a smaller knife. Van Gogh died on the spot.[7] The two knives were left implanted. The note was addressed, and contained a death threat to Ayaan Hirsi Ali, who was subsequently forced to go into hiding, threatened Western countries and Jews and [8][9] also referred to the ideologies of the Egyptian organization Takfir wal-Hijra.

    3. Re:May as well be by Sarten-X · · Score: 2

      But if you can show that the producer was intentionally deceptive- that he planned the whole time to make an anti-Islam hit piece but told the actors something else, then that's a different story.

      It's a different story, then. Pretty much every aspect of the movie's production and release is shady.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    4. Re:May as well be by gnasher719 · · Score: 1

      It's close enough as to make no difference. Do you really think that EVERY actress/actor who finds the released movie different than the one she/he worked on can get the movie pulled when they have ZERO ownership of it? Absurd.

      Not everyone. But possibly one who wasn't paid for acting, where there was never any intention for paying her, _and_ the film is something that she would never have agreed to act in.

      So not EVERY but this one. And you say ZERO ownership: If she never received the payment that she should have received, then she has SOME ownership.

    5. Re:May as well be by Anonymous Coward · · Score: 0

      Excepting the physical medium films aren't owned by anyone. Someone may have the evil that is a copyright though, although normally it requires some sort of creative element by the person claiming copyright. It must have been a very creative 5 seconds for her....

  13. Ridiculous assertion by Karl+Cocknozzle · · Score: 2

    The constitutional protections, and by extension US citizens, take in in the ass yet again.

    I am not aware of a constitutional right to commit fraud. The project this person agreed to appear in bore zero resemblance to this one, and while it is true--she definitely has no right to control the work product she agreed to appear in, she has every right to sue over this other work that essentially puts her in the crosshairs of terrorists--totally without permission.

    --
    Who did what now?
    1. Re:Ridiculous assertion by Aaden42 · · Score: 2, Insightful

      If there’s any suit available to this actress, it’s against the producer/director/etc. of the film for misrepresentation. There’s no conceivable way this should be a copyright case. There’s no way that anyone who was paid for appearing in it by the eventual rights holder (producer/etc.) should retain any right to issue take down demands contrary to the will of the actual owner of the copyright.

      Short of a contract that stated she retained any rights (doubtful), then I can’t see how this was anything other than work for hire with associated assignment of copyright.

    2. Re:Ridiculous assertion by Anonymous Coward · · Score: 0

      I am not aware of a constitutional right to commit fraud.

      I'm not aware of anything in the constitution that says the government can censor material and infringe upon free speech rights because they think fraud took place, which is what matters.

      The constitution is a *whitelist* of things the government can do, not a blacklist of things it can't. But even if that weren't true, we have the first amendment, which lists no exceptions to free speech. Damn fool.

    3. Re:Ridiculous assertion by Sarten-X · · Score: 3, Insightful

      If the hiring was fraudulent, being based on false pretenses, then the copyright assignment is consequently void.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    4. Re:Ridiculous assertion by Holi · · Score: 3, Informative

      You obviously didn't bother to even read the summary. She did win suit against the producer, which is why she can claim copyright on her image in this movie.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    5. Re:Ridiculous assertion by Holi · · Score: 1

      I am not sure you can claim fraud is free speech, in fact I know for a fact you cannot. Or do you think libel and slander are protected?

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    6. Re:Ridiculous assertion by Anonymous Coward · · Score: 0

      To constitute Tribunals inferior to the supreme Court;

      The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

      The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State,--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

      And hey:

      In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

      I think it's covered.

    7. Re:Ridiculous assertion by Anonymous Coward · · Score: 0

      How about responding to my actual post? You failed. People have certain rights that the government has no control over, and free speech is one of them. Your comment does nothing to refute that simple fact.

    8. Re: Ridiculous assertion by Aaden42 · · Score: 1

      Sorry... What I intended to say was, "If there's any *reasonable* suit with the slightest chance of surviving appeal outside the Ninth Circus..."

    9. Re: Ridiculous assertion by Artifakt · · Score: 2

      The producer in this case pled to four criminal counts relating to his contracts with the actors, and has been convicted and is now serving time. He also has a previous history of multiple felonies, including a previous fraud conviction. The whole of every single contract was invalidatable, not by some technicality, but by the very fact that he was a felon still on parole, and used an alias in all his dealings and signings, and that is entirely settled law that such contracts are invalid, before we even get to the counts where he actually admitted to fraudulent representations in those contracts. I'd just about guarantee you that's enough to make the lawsuit, and others like it from other actors involved, both reasonable and prone to survive appeal in any circuit. They could probably survive an appeal to SCOTUS, in the Oliver Wendell Holmes Jr., Louis Brandeis or Thurgood Marshall eras.

      --
      Who is John Cabal?
    10. Re:Ridiculous assertion by Anonymous Coward · · Score: 0

      For 5 seconds of appearance I'm wondering how she could have had copyright in the first place. Perhaps it was a particularly creative 5 secs

  14. Please let's just repeal the 1st amendment. by fustakrakich · · Score: 1

    The attitude against free speech is actually beyond majority status. New restrictions will pass easily.

    --
    “He’s not deformed, he’s just drunk!”
  15. Unusual case by Anonymous Coward · · Score: 0

    This case is not really about an Anti-Muslim film but the intricacies of copyright law and motion picture industry practices. So no matter the outcome, there is little significance.

  16. Actually it won't help. by Anonymous Coward · · Score: 5, Informative

    > The publicity can only help Ms. Garcia in this case, as making her disapproval known will likely help stop the death threats.

    Actually if there was a fatwa put out with her name on it, then the threats won't stop unless it was rescinded.

    In any case, all it does is prove to extremists that death threats are an effective means towards censorship.

    1. Re:Actually it won't help. by rtb61 · · Score: 0

      More important the death threats rarely have much to do with what they claim to be about and every thing to do with the power of the group issuing those threats. The threats are meaningless unless there is belief in extreme violence of the group and the ability to carry out those threats. As for being a quisling and cowering to those threats, well, that just places the rest of us a risk. The Muhammed as portrayed in the religious fantasy that is the Koran was a sick paedophile goes without question, so screw them and screw their threats. A religion of the sword will die by the sword and perhaps more than just a bit of fire, want to use the Koran at your next barbecue than go ahead and do so just make sure you but that copy and do not steal it from someone else.

      --
      Chaos - everything, everywhere, everywhen
    2. Re:Actually it won't help. by Anonymous Coward · · Score: 1

      Tell me, wasn't it a tradition in medieval- and renaissance-era Christian nations to marry off girls around 12 years old to men in their 20s and 30s, and even older?

      Perhaps you should burn a copy of the religious fantasy that is the Bible as well.

      A religion of the sword will die by the sword[...]

      It is an historical fact that those of the true religion of peace, the Christians, were the ones who murdered the priests in the last Egyptian temple. It is rather ironic that those who profess peace follow the faith of those who murdered quite literally anybody who practiced another faith within the Christian Roman empire. The hypocracy of that particular faith is stomach churning.

      So, if Islam is to die by the sword, let's all toast to Christianity following swiftly behind it.

    3. Re:Actually it won't help. by Anonymous Coward · · Score: 1

      Will you stop raving about censorship already?

      This case isn't about censorship. This case is about a convicted felon who deliberately broke multiple terms of his parole, defrauded several actors by lying to them about the movie he was asking them to perform in, and then published the result on youtube because he felt that his "duty" to warn the world about how evil muslims were trumped the rule of law.

    4. Re:Actually it won't help. by AmiMoJo · · Score: 1

      I don't think fatwas work the way you think they work. A fatwa isn't a command to Muslims that they must write one hate mail per week for the rest of time or until it is rescinded. Like all human beings even if the fatwa remains they eventually get bored and find something else to hate.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    5. Re:Actually it won't help. by Anonymous Coward · · Score: 0

      I wouldn't say Quisling cowered to the Nazi's. Took advantage of them to claim power, while having sympathies to them is closer.
      http://en.wikipedia.org/wiki/Vidkun_Quisling

    6. Re:Actually it won't help. by Anonymous Coward · · Score: 0

      Which is now being censored because an actor stars for 5 seconds. It she where sueing for damages then it wouldn't be censorship instead she is seeking to stop the showing of a film. How is this not censorship?

  17. Where's Will Wheaton when you need him? by Anonymous Coward · · Score: 0

    And even an IDIOT understands that actresses do not at all necessarily endorse what the characters they play are doing, or in fact even the main message of the movie because after an actress is doing a JOB?

    People do it ALL that time: example - Wesley Crusher and the hate Will Wheaton had to endure from Trekkies with no life.

    It happens all the time. Actors who play disgusting characters have a hard time constantly. Ralph Fiennes' career stagnated a bit for his rather brilliant portrayal of that SS officer in Schindler's List.

    Now ramp it up with a bunch of religious fanatics....

  18. This... doesn't make any sense. by Spazmania · · Score: 1

    The actors don't have a copyright unless rights are granted by the film maker. The script writers have a copyright (unless they're W2 employees) and the cameramen have a copyright (unless they're W2 employees) but the actors have nothing. Copyright vests in whoever puts the work into a fixed form or in their W2 employer if they are acting as an employee. There are a dozen or so exceptions but "actor" isn't one of them.

    --
    Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    1. Re: This... doesn't make any sense. by Anonymous Coward · · Score: 0

      But actors have publicity rights. If their employment contract is declared invalid, they maintain the right to their publicity. That means the producer is distributing the film without legal standing in violation of copyright law.

    2. Re: This... doesn't make any sense. by cpt+kangarooski · · Score: 1

      Copyright law is utterly unrelated to publicity rights. You're just stringing words together.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:This... doesn't make any sense. by Anonymous Coward · · Score: 0

      Why would it make sense to you if you didnt read the article?

    4. Re: This... doesn't make any sense. by EvilSS · · Score: 1

      But actors have publicity rights. If their employment contract is declared invalid, they maintain the right to their publicity. That means the producer is distributing the film without legal standing in violation of copyright law.

      Has nothing to do with copyright and only applies to marketing/endorsement, not use in an artistic work.

      --
      I browse on +1 so AC's need not respond, I won't see it.
    5. Re:This... doesn't make any sense. by EvilSS · · Score: 1

      The actors don't have a copyright unless rights are granted by the film maker.

      Not true. The actors have copyright over their individual performance as an artistic work. Normally this is assigned to the producers via their contract, but if the contract is voided, it reverts to them. Similar to the situation a record label would be in if their contract with a band was thrown out.

      --
      I browse on +1 so AC's need not respond, I won't see it.
    6. Re:This... doesn't make any sense. by Spazmania · · Score: 1

      A performance does not have a copyright. Only things fixed in a tangible medium can have a copyright. The film of a performance can have a copyright. But that copyright vests in (drumroll) the photographer -- the individual who fixed it into a tangible medium. Not the actor.

      It's the plain language of the law man. Look it up.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    7. Re:This... doesn't make any sense. by EvilSS · · Score: 2
      Um, you may want to re-read the article we are talking about here because the 9th circuit says you're wrong:

      In Wednesday’s ruling, Chief Judge Alex Kozinski, writing for the majority, makes a series of unusual copyright arguments to explain why Garica has rights in the film. While actors typically don’t have an independent copyright in their performances, Kozinski states that Garcia’s role was not a work for hire. The opinion also states that Garcia had given the producer an implied license to use her performance, but that his subsequent conduct went beyond the terms of the license — meaning that she ultimately retained the copyright and could use it against YouTube.

      --
      I browse on +1 so AC's need not respond, I won't see it.
    8. Re:This... doesn't make any sense. by Spazmania · · Score: 1

      If you read the article, you know that it didn't make any sense to the article's author either. The judge envisioned a copyright out of thin air with no supporting law. The constitution explicitly forbids judges from making commonlaw copyrights yet that's just what this joker tried to do.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    9. Re:This... doesn't make any sense. by Spazmania · · Score: 1

      I've read the article. I've also read the statute. And the part of the constitution where it says congress alone is authorized to set intellectual property law.

      Kozinski is wrong. Not about it not being a work for hire... were that relevant it might be correct. It's not relevant.

      No copyright vests in the performer. Ever. It vests in whoever records the performance or in his employer if he is an employee.

      Garcia could not "retain" a copyright because she never created a copyright in the first place! That was done by the cameraman!

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    10. Re:This... doesn't make any sense. by Spazmania · · Score: 1

      Also, he's almost certainly wrong about it not being a work made for hire since work that is commissioned for use "as part of a motion picture or other audiovisual work" is one of the nine things congress explicitly calls out as a work made for hire under copyright law. So even if he wasn't already wrong about her having created a copyright in the first place, he'd still be wrong about it not being a work made for hire.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    11. Re:This... doesn't make any sense. by gnasher719 · · Score: 1

      Also, he's almost certainly wrong about it not being a work made for hire since work that is commissioned for use "as part of a motion picture or other audiovisual work" is one of the nine things congress explicitly calls out as a work made for hire under copyright law. So even if he wasn't already wrong about her having created a copyright in the first place, he'd still be wrong about it not being a work made for hire.

      You didn't read the summary, right? There was no work for hire. There was a contract signed, but one of the signers was a convicted felon who used an alias to sign, which was against his probation rules. The signed contract was void. He also didn't pay the actress and hadn't any intention to pay, so if the contract had been valid, he would have still been in breach of his contract.

    12. Re:This... doesn't make any sense. by Spazmania · · Score: 1

      Very well. Then had she any copyright in the work to begin with, it would have vested in her. Unfortunately, she didn't have any copyright to anything.

      At least read the circular from the copyright office with the short version of how and to whom copyright vests:

      http://www.copyright.gov/circs...

      "Copyright law protects a work from the time it is created in a fixed form. From the moment it is set in a print or electronic manuscript, a sound recording, a computer software program, or other such concrete medium, the copyright becomes the property of the author who created it. Only the author or those
      deriving rights from the author can rightfully claim copyright."

      Garcia isn't the author here. The cameraman is. He's the one who "created" the film.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    13. Re:This... doesn't make any sense. by EvilSS · · Score: 1

      I'm going to have to invoke a variance of Occam's browser plugin and say that, until proven otherwise by an authoritative source, I'll need to take the word of the chief judge of the 9th circuit court of appeals over yours. No offense.

      --
      I browse on +1 so AC's need not respond, I won't see it.
    14. Re: This... doesn't make any sense. by Anonymous Coward · · Score: 0

      Is it artistic, or is it commercial?

    15. Re:This... doesn't make any sense. by Anonymous Coward · · Score: 0

      copyright is given (in the UK anyway) to the person adding the creative element not whoever records it. Of course a good cameraman could argue he is adding creativity so that a final film or picture might have a joint copyright.
      Of course most actors & actresses sign away this copyright

    16. Re:This... doesn't make any sense. by Anonymous Coward · · Score: 0

      In general it'd be both that'd have copyright I believe as they'd both have creatively contributed to the work so would both the author. In this case her performance is so small I can't actually see there being a valid copyright claim though.

    17. Re:This... doesn't make any sense. by Spazmania · · Score: 1

      Let's be clear: the author is the person who puts the work into a fixed form. Period. There's no subtlety here, no room for confusion. The actor in a movie would not be an author even if he was in every frame and the only person captured on the film.

      You go to a concert and tape it, you are the author of that tape. In fact, you have a copyright interest in that tape. As it happens, the singer already had a copyright on a previous recording which makes your tape a -derivative work-. So you can't do anything without his permission. However, the singer could not take your tape and sell it without your permission. That would violate your copyright as the author of that tape.

      Are you tracking me now? The author, in whom the copyright vests by default, is the person who puts the work into a fixed form. No one else.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    18. Re:This... doesn't make any sense. by Spazmania · · Score: 1

      I'm not familiar with UK copyright law. In the US where this case happened, it's whoever puts the work into a fixed form.

      Also, you can't sign away a copyright before it exists, at least in US law. That trips up a number of people too. If you sign a contract which says, "bob is assigned all copyrights I produce under this contract" but the contract isn't for one of the nine classes of work identified by congress, bob gets nothing. That line of the contract is void. Instead you write the contract to say, "I agree to assign all copyrights I produce under this contract to bob." Now you have a contractual obligation to sign your copyrights over to bob after you create them. Bob doesn't own the copyrights until you assign them, but he owns your promise to sign them over which is functionally the same thing.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    19. Re:This... doesn't make any sense. by Spazmania · · Score: 1

      No offense taken. But you might want to read the statute. The statute is the authoritative source.

      And you should know that the 9th has a reputation as the most frequently reversed circuit. In fact, one term in the 1990s saw 27 of its 28 decisions reversed or vacated by the supreme court. This sort of BS is why.

      http://blogs.findlaw.com/ninth...

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    20. Re:This... doesn't make any sense. by david_thornley · · Score: 1

      The circular is irrelevant to your point. It's about "work for hire", a condition that makes the person offering the contract the author for legal purposes. It answers the question of who'd have the copyright if the contracts were valid, not whether the actor or camera person is the author. Since the judge in the case thought that the actor had copyright on her own performance unless signed away, and since the sample contract somebody cited earlier had a lot of wordage about handing rights over, I'm going with the judge rather than the pseudonymous person on the Internet. (Of course, if this actually becomes a concern to you, see a real lawyer.)

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  19. Laugh by koan · · Score: 2, Informative

    The religion of peace, and if you make fun of it we will kill you.

    --
    "If any question why we died, Tell them because our fathers lied."
    1. Re:Laugh by Anonymous Coward · · Score: 0

      The religion of peace, and if you make fun of it we will kill you.

      They figure it will be peaceful once they kill everyone that doesn't agree with them.

  20. Extended Editions / Director's Cut / Posthumous Ed by Anonymous Coward · · Score: 0

    Actor: Please, Judge, this modification weren't what I signed for
    Judge: True, burn all copies of: The Crow, Stargate Director's, etc.

    Sanity? What for?
    Stupidity? Welcome home.

  21. George Lucas will love this by msobkow · · Score: 1

    George Lucas will love this. He'll finally have what it takes to get rid of all those embarassing copies of a Star Wars Christmas.

    And every actor or actress that has appeared in a steaming shitpile can claim they were "duped" and demand that those films be pulled, too.

    If she got paid, she got paid. Her rights ended at getting paid.

    --
    I do not fail; I succeed at finding out what does not work.
  22. Wow, that piece of crap by Megane · · Score: 1

    I watched it way back when it was being used as the excuse for Benghazi. At first I thought I was being trolled and that it was some joke video people were pointing to instead.

    It's like a bad college freshman film class assignment. It was so bad I had to stop halfway through to wash my brain out. And you can tell the "anti-Muslim" language was overdubbed because the overdub audio is so clean.

    If there's one reason it should be completely removed from existence, it's because of how horribly bad the thing is.

    --
    #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
  23. Islamic violence wins again by cowwoc2001 · · Score: 1

    It seems that every time extremists resort to threats and violence, they have gotten the censorship they were seeking.

    Many newspapers are now self-censoring for fear of violence. Is this really where we are headed?

    1. Re:Islamic violence wins again by EvilSS · · Score: 1

      It seems that every time extremists resort to threats and violence, they have gotten the censorship they were seeking.

      Many newspapers are now self-censoring for fear of violence. Is this really where we are headed?

      If we don't let the terrorists win, the terrorists win.

      --
      I browse on +1 so AC's need not respond, I won't see it.
  24. It's the whacko 9th circuit, so by Anonymous Coward · · Score: 0

    it will probably be reversed (these left-wing nitwits are so nutty they are the most-reversed of all the federal circuit courts)

    That being said, however, there is a very important point here that ought to frighten Hollywood (and some computer game makers, too) ... this appears to assert an entirely new and VIRAL copyright / "intellectual property" concept. It used to be that a complete film carried a copyright held by the company that released the film... but THIS ruling appears to establish the idea that each performer in a film has his/her own (automatic and implied) copyright over his/her performance that is not tied to any contract and may be invoked at any random time after the film is released, leading to the film being banned. WOW! That will become a VERY toxic precedent if allowed to stand.

    Personally, I think the impact on Hollywood of such a precedent might be amusing... I've little sympathy for the jerks in that industry and their insincere pretenses about "free speech", "oppression", etc. Decade by decade we've all seen them fawn over cause X, or cause Y, always claiming to be for the "little guy" oppressed by "the man" as they pretend to be for all forms of free speech and "speaking truth to power" ... but after the Benghazi raid, Hillary Clinton (then Secretary of State) promised the families of the dead that the filmmaker would be found and punished (this was before anybody knew his identity and knew he had a probation violation on record that could be used as a pretense) and indeed the maker of this film was found and jailed for over a year (on the pretense that he violated his probation by logging onto the internet and uploading the video). When the federal courts ordered California to release non-violent prisoners to alleviate prison overcrowding, this guy was kept in jail (re-located by the feds to a jail in Texas) while convicted rapists and murderers were released. Did ANYBODY in Hollywood speak out about this (the first filmmaker in the US to ever be jailed for making a film) case??? Nope. Saint Obama and Saint Hillary would be harmed by any criticism and so there couldbe none. Hollywood people are phonies when they posture about freedom, or standing up to power.

    1. Re:It's the whacko 9th circuit, so by Anonymous Coward · · Score: 0

      So what, did someone pay this woman off to complain/sue? Kinda like what they supposedly tried to do to assange with swedish rape accusations? All this boils down to is loss of freedom for everyone. We're always hearing how the neocons do it, well here's an example of how the left does it. Both parties hate freedom when it allows individuals to speak out against their ideologies.

  25. Call Islam violent and be killed. by Anonymous Coward · · Score: 0

    Way to prove the point.

    How many Christians beheaded someone over Piss Christ?

    Yeah, zero.

  26. NOT Slander - just a contract matter and ACTING by Anonymous Coward · · Score: 0

    First, are you SERIOUSLY asserting that any time we see a movie we should believe that the actors and actresses (the actual people paid to do the performances) believe in all the stuff their CHARACTER say?!?!? I can believe that the insane 9th circuit court thinks that, but it might come as a shock to the actors who performed in the Harry Potter films, and people like Kenneth Branagh who have played NAZIs (and in his case an actual planner of the Holocaust) in films might have a thing or two to say about that...

    Second, If an actor/actress thinks his/her performance was abused (and which one hasn't complained about the editing of his/her scenes and dialog?) the this is a matter of contract law; it's NOT an excuse to invent a new copyright claim (that participants in a production have an unwritten, non-negotiable, but enforceable copyright on their own performances)

  27. Re:In other news... by Mashiki · · Score: 1

    Ah liberals and democrats, when reality doesn't fit your way, throw a hissy fit. Facts, nasty things right.

    --
    Om, nomnomnom...
  28. uhh by Anonymous Coward · · Score: 0

    you do realize this is all orchestrated by bankers and aristocracy that have ruled the world the last 2000 years or so?

    obama and major democrats all but paid off piss ants in the whole scheme of things - albeit well paid off and good little order taking piss ants.

    you should really read into how the CIA (the guys above obama) manipulate the muslim world to create this perpetual hate of the west.

    1. Re:uhh by Mashiki · · Score: 1

      You know, you should probably just give in and let the hate flow through you. The only thing missing in your post there AC, is openly saying "the jews did it."

      --
      Om, nomnomnom...
  29. radical change to the script by FranklinWebber · · Score: 4, Informative

    From the first-linked article:

    '...she later found her footage had been edited for the new film and overdubbed with one of the most controversial lines: "Is your Mohammed a child molester?"'

    It sounds like she is in precisely the scenario you describe.

    1. Re:radical change to the script by Anonymous Coward · · Score: 0

      Someone so inclined should get video of these clerics and dub over their voices with this anti-Islamic rhetoric, and upload it. They'll either come to some semblance of a rational conclusion or destroy each other. Win win!

  30. Torrents on TPB by J'raxis · · Score: 1

    Time for a good ol' streisand effect. Lookee here:---

    Pirate Bay #1
    Pirate Bay #2 (720p)
    Pirate Bay #3 (640x360)

    Personally I always thought this movie was just racist/Islamophobic dreck, but now with the government finally finding a convenient excuse to censor it, I'm downloading all three of these copies and will be seeding them indefinitely once downloaded.

  31. youtube takedowns by Anonymous Coward · · Score: 0

    What do I have to do to get them to take down all the anti-Christian, anti-Hindu, anti-Buddhist, anti-anti-free speech videos?

    1. Re:youtube takedowns by Anonymous Coward · · Score: 0

      Buy out google.

    2. Re:youtube takedowns by Anonymous Coward · · Score: 0

      Be as crazy as a muslim, obviously.

    3. Re:youtube takedowns by Anonymous Coward · · Score: 0

      don't worry, someday the world will be made of sunshine and spineless twats like you can finally let go of your perpetual offense. keep dreaming little, censorious hippie..

    4. Re:youtube takedowns by walterbyrd · · Score: 1

      1) have thousands of people scream and cry about racism (never mind that Islam is not a race)

      2) routinely kill people who are critical of your beliefs.

      3) do both of the above all the time.

      4) make the world think that *you* are the victim (not too hard to do with all the PC mush-heads we have).

      5) have billions in oil money to grease the right palms.

    5. Re:youtube takedowns by Anonymous Coward · · Score: 0

      I know I know.....

      Americans right?!

  32. I just got Beta'd on the article.... by Anonymous Coward · · Score: 0

    I clicked on the link from Slashdot homepage (classic - as in Coke) and now I'm in BETA for the article. I chose CLASSIC in the footer for the familiar and FUNCTIONAL interface and it took me back to the homepage. Ok. Clicked on the comments link for the story and back into BETA. I don't want to be in BETA. If I wanted to be in BETA, I would not have clicked CLASSIC.
    After clicking around I discovered it has done this to all the articles for which I wanted to read the comments - except the BitCoin one.

    Well that is it for me.

    I'm writing this as a courtesy to the site maintainers - I don't expect this comment to be rated highly as it is both off-topic and a criticism of the prevailing maintainer paradigm - I write this to the community. I have really enjoyed reading Slashdot. I come for the comments, sometimes the articles. With BETA, I have also come to the realisation that I also come for the simple layout (it doesn't get in the way of my enjoyment of the primary reasons I come to this site). I for one do not welcome the (not so new) 'BETA overlords' of Slashdot.

    I would like to extend my sincere thanks and appreciation to all those who have commented on articles presented in Slashdot. I have found the 'insightfuls' very insightful. The 'interestings' educational and occasionally inspiring. And to the 'funny's', there has been some moment where my whole day has changed (for the better) because of a simple quipe ( like taking an axe to a server to win a hacking contest) to the imaginary dialogues and obtuse references to pop-geek culture.
    Regards,

    JaAC
    Just another Anonymous Coward.

  33. Oh, go on. by smittyoneeach · · Score: 1

    As though that Amendment was worth the characters comprising it, anymore.

    --
    Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
  34. My 0.02 by DaMattster · · Score: 1

    Artistic freedom should win the day on this one. This is precisely why I am an atheist. Very little good, if any, comes out of religion.

    1. Re:My 0.02 by Anonymous Coward · · Score: 0

      Free speech should always win. This woman must've had some idea of what she was getting involved with. I refuse to buy how someone could play a part in a film and not know anything about the script, the director, the scriptwriters, and their backgrounds. If she signed a contract, then she's got no choice. If she's receiving death threats, find the people responsible and punish them instead of using the threats as an excuse to censor.

      Of course, the New Left blowhards have no problem whining about the free speech rights of gay activists when christian groups want to censor them.

      I have a solution: Free speech for everyone.

  35. LOSE not LOOSE by Anonymous Coward · · Score: 0

    Fix it and no one will need to correct you in the future! Although, bad grammar is a good way to make anonymous friends.

  36. I don't like it by Anonymous Coward · · Score: 0

    In essence she asks that because there are fanatics that may harm her as they refuse to follow the law she begs the court to restrain the showing of a film. To me it is vital that the law never bends simply because any group of people might be enraged. Essentially the judge acts as if there is some validity in the feelings of the fanatics and to some extent establishes their version of Islam.

    1. Re:I don't like it by epyT-R · · Score: 1

      Exactly. What better way for established governments to justify tyranny than to use implied threats of an enemy we're supposed to 'tolerate' under the guise of 'diversity'?

  37. if it was a male actor by Anonymous Coward · · Score: 0

    If the actor was male, the movie would stay.. more female privilege at the expense of freedom.

  38. 'To learn who rules over you, simply find out by walterbyrd · · Score: 1

    who you are not allowed to criticize.'

    -- Voltaire

  39. Only Islam gets this special treatment by walterbyrd · · Score: 1

    You can post all the anti-Jesus, anti-Buddhist, or whatever you want. Everybody has a right to an opinion. Unless, of course, that opinion is critical of Islam. Then your lucky if don't get killed because of some fatwa.

    But lets all bend over, and grease ourselves up for an ideology that is far less tolerant that the Nazis ever dreamed of being.

    1. Re:Only Islam gets this special treatment by Anonymous Coward · · Score: 0

      Yeah, because NOBODY has ever been threatened or coerced over a negative portrayal or opinion of any other religion.

      Oh wait. Ask the creators of South Park. I'm sure they've been hit by a lot of sides.

    2. Re:Only Islam gets this special treatment by Anonymous Coward · · Score: 0

      Go find an expert on the topic, and ask about the last priests of the Ancient Egyptian religions. They were murdered by Christians - not for being anti-jesus, or anti-Christian, but because they were of a different creed.

  40. Silence!!! I *keeeel* you!!!! by Anonymous Coward · · Score: 0
  41. It's a freedom of speech issue. by walterbyrd · · Score: 1

    Why do only Muslims get this special treatment.

    1. Re:It's a freedom of speech issue. by amiga3D · · Score: 1

      What special treatment? The film? Or the protection from getting their feelings hurt?

  42. Re:In other news... by Anonymous Coward · · Score: 0

    ah, republicans, for whom trickery and outright lawbreaking is ok and the crying starts as soon as a judge gets involved.

  43. No by Anonymous Coward · · Score: 0

    Garcia was hired to act a part in the film. She has no copyright in the film. She has no ownership in the movie in any way, certainly not in her performance alone. The death threats are irrelevant for the issue she's sued on. It's an absurd notion. It doesn't matter that she feels misled into performing in a film she wouldn't appear in otherwise. Her contract was to act in that film, not specifically to act in a film with specific artistic merits. It is very very unlikely that one of the material terms of her contract was for the film to depict muslims in a flattering manner. I read the judge's opinion as well as the dissent. It is very clear that the judge erred.

  44. Sorry... by Anonymous Coward · · Score: 0

    ... but you lost me. What does this have to do with this plaintiff, from one long time Law & Order fan to another? I understand what you mean by Comcast, but in this case a judge made a ruling that is completely unreasonable given the Court's experience with IP issues. One person joked that it was like he was replaced with an alien or something. In this case, it wasn't big business interests that prevailed, but the interest of a single person that, basically, regrets performing in a film, and thinks that she can erase her performance forever. What's her next course of action, sue IMDB for fraudulently claiming she appeared in the movie? Jim Carey was in a movie recently, that sequel to Kick Ass. He regrets having done the film. But he accepted that he chose to make the film.

  45. Ignore It by Number42 · · Score: 1

    As a Muslim, even though I'm offended by the film, I don't think such a big deal should be made out of this. The only way to win the game of inflammatory Internet actions/comments/videos is to not play.

  46. What about the anti-Christian diatribes ? by Anonymous Coward · · Score: 1

    Them moslems have tons and TONS and TONS of anti-Christian diatribes uploaded on the Net.

    They even have videos of them bastards cutting off the heads of the so-called "infidels".

    What the fuck is WRONG with the West ?

    Why has the West become so pro-Islam ???

    1. Re: What about the anti-Christian diatribes ? by Anonymous Coward · · Score: 0

      at least spell muslims right you grammar failure

    2. Re: What about the anti-Christian diatribes ? by Anonymous Coward · · Score: 0

      Both are correct, one more indicative of age more than anything else. You're grammar however, no capital at the start of a sentence and no full stop -fail.

    3. Re: What about the anti-Christian diatribes ? by Chrisq · · Score: 0

      at least spell muslims right you grammar failure

      Typical muzzie reaction. Faced with the facts attack the person stating them ... in this case for spelling

    4. Re:What about the anti-Christian diatribes ? by Optali · · Score: 1

      Don't tocuh my balls mister.
      Fucking towel heads have no idea on how to make a good anti-christian flick.

      Best anti-christian stuff is done in the REAL west: The part of the world were we still honour science and don't walk the streets shooting and doctors for practicing abortions and where churches are sold as flat buildings.

      --
      -- 29A the number of the Beast
    5. Re: What about the anti-Christian diatribes ? by Anonymous Coward · · Score: 0

      "Your" You're welcome.

    6. Re: What about the anti-Christian diatribes ? by Rakarra · · Score: 1

      at least spell muslims right you grammar failure

      Typical muzzie reaction. Faced with the facts attack the person stating them ... in this case for spelling

      Now now, grammar and spelling lovers wade in on every topic.

  47. Re:In other news... by Mashiki · · Score: 0

    ah, republicans, for whom trickery and outright lawbreaking is ok and the crying starts as soon as a judge gets involved.

    Sorry there AC, did you miss the part where Obama has had several of his "agency" regulations thrown out as being unconstitutional. Or how about the more information that comes out on the IRS, the more it has his fingerprints all over it. Never mind that he'll never have a charge laid over it, he's black, and therefore above suspicion.

    Funny how us foreigners can see this, but liberals and democrats can't.

    --
    Om, nomnomnom...
  48. When an actor is scammed into participating in a m by Arancaytar · · Score: 1

    And then decides she doesn't want the product of that to be distributed anymore, that's her right. This is one of the best justifications of enforcing a copyright you could possibly come up with.

  49. And I agree it should be shitcanned. by Anonymous Coward · · Score: 0

    And for the same reason that if I stand in the middle of your workplace or middle of the public highway and start screaming obscenities I can be arrested and detained and even jailed for repeat offences IN ANY COUNTRY IN THE WORLD.

    Yes, that's right, even in the USA.

    The "point" of this "movie" was solely to cause trouble. Even the USA has the offence of "Fighting Words".

    1. Re:And I agree it should be shitcanned. by Anonymous Coward · · Score: 0

      However youtube is a 'private' not public space that you have to choose to visit and you're allowed to swear in private places unless the regime you are living under is more frightful than I'm imaging (hopefully not though!)

  50. Re:Dangerous precedent (2) by Anonymous Coward · · Score: 0

    It's just a jump to the left...

  51. They don't. by Anonymous Coward · · Score: 0

    It's just as a Christian you don't notice your special treatment.

    1. Re:They don't. by amiga3D · · Score: 1

      Really? I see ridicule of Christianity all over the boob tube. Bill Maher makes a career out of it. I just have a sense of humor about it. I figure in the end we'll find the truth and I'm betting I'm right.

  52. Know where the problem really is by 3seas · · Score: 1

    Know the source of the problem and call it out for what it is.... the truth will stop the problems.
    Otherwise ...... KaBoom Nuclear SHTF!!

    Jacob battled god all night and for it was given the name Israel meaning "he who battles god". Islam means "voluntary submission to God". So god sent the Mesopotamian originating nomadic tribe of jacob/israel .. Israelite into the forever battle against the Muslims, invading their land. Christianity believes being saved by sacrificing the savior.

    But here is a problem with these three. The devil (alien) being Jesus biological father who was not wed to Mary, could have but didn't stop the torturous death of Jesus and took glory in it and previously tried to get Abrams (Abraham) to kill his own son..

    And that is how the world was turned upside down... lying prince of the world. So what is really happening with the three above?

    Apparently the so called "god", "Allah", "YHWH" prince wants war, for these three can only play out to be WWIII nuclear.

    Hinduism oldest religion in the world is "whatever inclusive" and Buddhism "the awakened one".

    Add all this up and what do you get? A house fighting against itself will fall. The house of Humans.

    Option B:

    Realize its all just a trick.... The result of the trick to get the human species to evolve from a subconscious bicameral state, to an abstract conscious state to finally awake where both are integrated to super-consciousness where we will be introduced to the civilization of the universe as we will fully understand the usefulness and limitations of the tool of abstraction and the big picture goal of expanding universal content. Where things will be done on earth as it is in the heavens. Even telepathy (transmission and reception of energy patterns at the quantum physics level) requires interpretation into the abstract and if you interpret something wrong what will your response be, a kaboom?.

    Don't believe this? World protest indicate the people of the planet are seeing past the intentional deceptive misuse of our abstract tools.

  53. Youtube needs to have a download button by Anonymous Coward · · Score: 0

    I know that extensions exists to download video, but Google should just provide this button at least temporary before the content gets taken down.
    This makes sure that information does not get lost.

  54. Sharia is gonna be awesome by gelfling · · Score: 2

    I plan to open an eatery called Gay Mohammed's Bacon Whiskey Bar

  55. Re:When an actor is scammed into participating in by Anonymous Coward · · Score: 0

    All 5 seconds worth. I'm not sure how she could have a copyright claim over such a short period of time. Statements and the like are not normally covered by copyright and there has to be a creative element involved (IANAL).

  56. This has to stop by Anonymous Coward · · Score: 0

    We are allowing Islam in particular, and religion in general, to constrain our basic freedoms for the sake of their faiths. This has to stop.

  57. so let me get this straight by Anonymous Coward · · Score: 0

    * someone makes a movie outing islam as a violent death cult
    * upon release of the movie someone appearing in that movie gets death threats by muslims
    * instead of trying to get their hands on the people making the death threats the authorities decide to censor the internet

    doesn't this already prove how correct the movie is?

  58. Modelling by phorm · · Score: 1

    Indeed. Imagine you're a model. You're given a contract to model for a new line of underwear, or whatever.
    You expect that you might show up on a Haynes ad, but unbeknownst to you, they actual use your image - with a little photoshopping - in a propaganda ad (maybe a hate ad etc).

    The original contract was to be an underwear model. The use of your image is not valid in the new context.

    In this case, the woman contracted for a movie of one type, then had her lines dubbed-over and was used for something completely different.

    1. Re:Modelling by Anonymous Coward · · Score: 0

      Indeed. Imagine you're a model. You're given a contract to model for a new line of underwear, or whatever.
      You expect that you might show up on a Haynes ad, but unbeknownst to you, they actual use your image - with a little photoshopping - in a propaganda ad (maybe a hate ad etc).'

      An ad invokes publicity rights. As there was no ad there is no question of publicity rights in this case (as far as I know).

      Someones image alone is not enough for copyright there has to be a creative element (eg single sentences are not generally held to be copyrightable). This is part of the reason why you can quote people without getting into copyright trouble. In the UK I believe its the entire reason as there is no fair use

  59. Exactly. - Not a "right" by Anonymous Coward · · Score: 0

    You (and I, and every other individual citizen in the United States) have no *RIGHT* to view any particular piece of work.

    You have no "right" to walk in to Apple and see their business plans. You have no "right" to walk in to NBC and see the script for their latest TV pilot. You have no "right" to walk in to a random person's house to look at the rare Renoir they have hanging on their wall.

    Copyright is, itself, a right. A right of the content CREATOR. Not a right of the content CONSUMER. Yes, copyright is *VERY* often abused by large corporations, but at its core, it protects the rights of the content creator to control how their work is distributed.

    In this case, one person involved in a film had her *RIGHTS* violated. I as a random consumer did not have any of my rights violated - she did. (According to the court.) Just because something is "out there" does not mean that you have a right to it. Hey, there's a car just sitting in that parking lot! It's even unlocked! I must have a *RIGHT* to it, correct? That's what bazmail's comment implies.

  60. Larry Flynt - I'm the worst by CmdrTamale · · Score: 1

    Not blaming you, but you left out Larry Flynt.

    "If the First Amendment will protect a scumbag like me, then it will protect all of you. Because I'm the worst."

    Mr Flynt is still alive, if not kicking any longer.

  61. youtube takedowns by Anonymous Coward · · Score: 0

    I think you would have to stop being an idiot and completely misunderstanding whats actually happening

  62. Freedom of Speech in the Obama Presidency by Anonymous Coward · · Score: 0

    Does this surprise y'all, we have President who has expressed great enthusiasm for a Major Religion, run it seems by Mullahs, whose interpretation of the KORAN, which they claim is the basis of Sharia Law, which endorse the stoning of women, the genital mutilation of Female & single women children, the cutting of hands & feet & beheading, for some crimes, the start of the majority of Terrorism in the 20th & 21st century, the belief that women should covering up their hair an Faces, the discouragement of equality and education for women.....and I could go on & on. Just don't get me started on the current attitude towards our U.S. Constitution & Bill of Rights too!