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9th Circuit Will Revisit "Innocence of Muslims" Takedown Order

The Associated Press, as carried by ABC News, reports that "An 11-judge panel of the 9th U.S. Circuit Court of Appeals in Pasadena will hear arguments Monday by Google, which owns YouTube, disputing the court's decision to remove Innocence of Muslims from the popular video sharing service." At the heart of the earlier take-down order, which was the result of a 2-1 split from a 3-judge panel, is the assertion of copyright by actress Cindy Lee Garcia, who appeared in the film, but in a role considerably different from the one she thought she was playing. Google is supported in its appeal by an unusual alliance that includes filmmakers, Internet rivals such as Yahoo and prominent news media companies such as The New York Times that don't want the court to infringe on First Amendment rights. Garcia has support from the Screen Actors Guild and the American Federation of Musicians. If the court upholds the smaller panel's ruling, YouTube and other Internet companies could face takedown notices from others in minor video roles.

12 of 158 comments (clear)

  1. Call me racist and evil and bigoted and everything by Anonymous Coward · · Score: 0, Insightful

    "innocence of muslims" really?

    what an awkward for this to come up as people are held hostage by extremist muslims

    Yes I know, not all muslims are like that, religion of peace, vocal minority, blah blah blah

    You can defend a bear all you want, it's still gonna rip your face off

  2. Valid release by jklovanc · · Score: 5, Insightful

    I think the heart of the issue is That she signed a release for one use but the film was completely different that what she was told. To me it would seem that any release she signed would be invalid and she would have the same rights as someone who did not sign a release. Any film maker would know that everyone in the film must sign a release.

    1. Re:Valid release by StormReaver · · Score: 3, Insightful

      Rulings like this are what will kill the internet.

      Do you understand the difference between the Internet and the Web? Do you understand that the Internet has far, far more uses than Youtube, and that the latter is a very minor aspect of what makes the Internet useful?

      That aside, your statement is grand hyperbole. Even if every insignificant actor in every insignificant film distributed on the Web rose up and successfully demanded the removal of every film, the Internet and the Web would be no less useful than it is now.

  3. Re:Hope it won't happen in USA, again ! by Chrisq · · Score: 1, Insightful

    a single wack-job

    The hostages aren't even dead yet and our islamist apologists have already played it down.

    I'd rather be held captive by a whack job than a Muslim. Someone might be able to persuade the whack job that he was acting wrongly.

  4. Call me racist and evil and bigoted and everything by Damouze · · Score: 5, Insightful

    A person who has not commited a crime is innocent.
    A person who is accused of committing a crime is innocent until proven otherwise

    That person's beliefs, religious or otherwise are in and of itself not criminal. It is what that person does with those beliefs that makes all the difference.

    --
    And on the Eighth Day, Man created God.
  5. Re:EFF Says: by Kjella · · Score: 4, Insightful

    If someone posts a photo taken by me I have a copyright claim.
    If someone posts a photo taken of me by a hidden camera in the shower it's under a different law.
    If someone posts a biography written by me I have a copyright claim.
    If someone posts a biography written about me it might be libel, but not copyright infringement.

    I really don't understand what kind of twisted logic they used to arrive at the conclusion that the actor has any kind of copyright claim, it's always belonged to the one pointing the camera or holding the pen. Assuming the cameraman is making a work for hire it'll pass from him to the company who hired him, the subject never had a claim nor was ever given a claim. It sounds like they wanted to arrive a conclusion and made bizarre leaps of logic to make it happen. I'm sorry but she should have filed a lawsuit and gotten a court to take it down, this copyright claim is simply fraudulent and to add insult to injury she should probably be prosecuted under the "penalty of perjury" clause.

    --
    Live today, because you never know what tomorrow brings
  6. Re:Call me racist and evil and bigoted and everyth by mc6809e · · Score: 3, Insightful

    And for anyone who doesn't remember, this was the film that Obama blamed the Benghazi attacks on. Despite later admitting that, no, oops, that wasn't what caused the attacks at all.

    "Oops"?

    The attack happened on Sept 11th just before the 2012 election.

    You don't really think it was an accident that they blamed some film-maker and threw him in jail to deflect responsibility from themselves, do you?

  7. Re:EFF Says: by guruevi · · Score: 3, Insightful

    He may be able to use contract law or the misappropriation/right of publicity laws but not copyright. You cannot copyright yourself or your likeness. Copyright is (or should be) for protecting the creative result of an artist.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  8. Re:Call me racist and evil and bigoted and everyth by Curunir_wolf · · Score: 2, Insightful

    LOL @ MediaMatters propaganda.

    The White House told the truth

    Oh, really??

    From ABC: "The "talking points" memo on what the Obama administration should tell the public was the basis for statements made by U.S. Ambassador to the United Nations Susan Rice, who appeared on talk shows five days after the Sept. 11 attack to explain what happened.
    Rice insisted the attack emanated from a protest over an anti-Islam video produced in America that turned violent and that terrorism was not involved. The White House has since acknowledged the assault was a preplanned terror attack and no protest happened."

    --
    "Somebody has to do something. It's just incredibly pathetic it has to be us."
    --- Jerry Garcia
  9. Re:Call me racist and evil and bigoted and everyth by Anonymous Coward · · Score: 1, Insightful

    Can't you do empathy? Peoples of these 'oppressive' regime defend their the same way you do. They believe their situation is not that bad compared the the real bad one. In the case of a comrade of the USSR, he see the fascist american and european as the oppressed ones. This is why there are wars, because everybody think they are right and everyone is evil. You are part of the problem.

    As for your comment about Israel; Everybody know it is a terrorist state that should not be allowed to exist. Just like all the other theocracy state with disregard on the actuals religion they force on peoples. eg; Israel in the case of Judaism, Iran for Islam and Tibet for their version of 'Buddhism'.

  10. Why should Muslims get special treatment? by Anonymous Coward · · Score: 3, Insightful

    I am a vegetarian. What if I decide I am offended by meat by advertised?

    Sounds crazy, but it really is the same thing. People decide what will offend.

    Youtube commentator Pat Condell recently made a great video on the subject.

    Choosing to be offended
    https://www.youtube.com/watch?v=E-sZag4LUNw&list=UUWOkEnBl5TO4SCLfSlosjgg

  11. Re:Call me racist and evil and bigoted and everyth by Anonymous Coward · · Score: 2, Insightful

    . It is not fair to criticize someone for being born gay.

    Except, there is NO proof that anyone has ever been "born gay". Look deep into your past skywalker, for there lies the answer where your affliction began