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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.

8 of 158 comments (clear)

  1. Re:Call me racist and evil and bigoted and everyth by MachDelta · · Score: 4, Informative

    The title is sarcastic. According to Wikipedia, the film is anti-muslim.

  2. EFF Says: by Jane+Q.+Public · · Score: 4, Informative

    EFF and prior legal precedent say that there is no established right of copyright to actors in films... regardless of whether they appear there voluntarily or not.

    The actor's role is different; it is that of an employee or contractor.

    1. 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
    2. Re:EFF Says: by Applehu+Akbar · · Score: 5, Funny

      Wasn't Galicula the one about the dyslexic Roman emperor?

  3. 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.

  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:Call me racist and evil and bigoted and everyth by NotDrWho · · Score: 4, Interesting

    what an awkward for this to come up as america is involved in more oppression, incarceration and war within its borders and across the globe than any other nation since WW2

    America has done bad things, no doubt. But I hardly think it compares to regimes like Pol Pot, Kim Il Sung, pretty much any regime in Kosovo, Somalia, etc.

    The U.S. generally only plays harsh when countries don't play ball (don't sell it oil, support the USSR/Russia over the U.S., etc.). And it has a nasty history of looking the other way when friendly oppressive regimes serve its economic interests (as in Chile, Saudi Arabia, etc.). But life under direct U.S. rule is far from "oppressive." And even in its economic interests, the U.S. will only look the other way for so long if a friendly dictator becomes openly oppressive.

    And all of this hardly makes the U.S. exceptional. Pretty much every developed country does similar scummy things in its own economic and political interests. The U.S. is only exceptional in the reach of its economic and military power. Its methodology and philosophy is pretty unexceptional. In fact, U.S. colonialism is pretty light-handed compared with the historical colonialism of other European countries. The U.S. gives its conquered territories at least some autonomy. Compare that the British and French empires.

    And if you want to talk heavy-handed, take a look at Israel sometime. The U.S. is downright sweet and cuddly compared to them. When the U.S. wants to stop your nuclear weapons program, they might send a computer virus and some economic sanctions after you. Israel just goes right to blowing up your nuclear scientists with car bombs.

    --
    SJW's don't eliminate discrimination. They just expropriate it for themselves.
  6. Muslim uprisings during movie releases by unixisc · · Score: 4, Interesting

    Actually, this movie was blamed for anti-Western riots that took place in several Muslim countries. But in fact, its release happened to coincide w/ the 'Arab Spring' uprisings in the Arab empire.

    However, the inane aspect about it is that while Republicans blamed Obama for what happened in Benghazi, fact remains that their position on Libya/Qadaffi was no different from the Democrats. If anything, it was Obama who was showing sense dragging his feet in supporting the uprisings in Tunisia, Egypt, Libya, Syria, Bahrein and other places. And Republicans - from McCain to Hannity all clamoring for Obama to support the anti-Qadaffi uprising in Libya. Obama would have done well to follow his initial instincts and stay completely out of it.

    I'm no fan of Qadaffi, but the Qadaffi who Reagan bombed in 1982 was completely different from the Qadaffi post the Iraq war. In fact, one of the few successes of the Iraq war was that Qadaffi decided to discontinue his chemical/biological weapons programs, and repair relations w/ the West. In other words, the Qadaffi who was lynched in that uprising was no longer a firebreathing hater of the West, or a troublemaker throughout Africa. The rebels, on the other hand, had links to the various Muslim Brotherhood movements in Egypt, Syria and Saudi Arabia, and were not worth supporting, since their rise to power was gonna mean the emergence of an Islamic regime in Tripoli, similar to ISIS. However, the cretins throughout Western capitals and spanning both Left wing and Right wing parties decided that it was worth supporting them in the name of 'democracy'. Well, we saw how long that lasted, particularly in Egypt.

    Truth is, and this comes to the heart of that otherwise badly made movie, that Muslim countries cannot stay democratic, once the power is directly given to the people. Democracy means political, religious and other pluralism - in other words, acceptance and tolerance for political, religious and other views that fly against the mainstream. But Islam is not a pluralistic religion that tolerates other religions, and extending that concept, Islamic sects ain't pluralistic either. That's why you have Shias persecuting Sunnis (in Iran, Syria & Iraq), Sunnis persecuting Shias (in Saudi Arabia, Pakistan, ISIS controlled Syria/Iraq, Afghanistan and so on), Sunnis persecuting Ahmadiyas (in Indonesia & Pakistan), on top of your usual Muslims persecuting non-Muslims in Egypt, Lebanon, Gaza, Pakistan, Bangladesh and other Muslim countries. Even if the governments in question are democratic, persecution happens, since it's the will of the majority community in each of these countries - that follows a tradition set by Mohammed himself.

    As a result, the countries that don't have a major unrest are countries that have anti-Islamic dictatorships @ the top, that keep their Muslim populations hinged. Countries like the ex-Soviet Stans, Algeria, Turkey (before the current Erdogan regime), and Tunisia (before Ben Ali was toppled). Or kingdoms that keep their populations quiet, like Jordan or Oman. Other than that, all the Muslim countries that have gone democratic have also seen Islamic regimes come to power - like Hamas. But the good thing, at least in Syria, is that w/ a full blown civil war going on, you have one group of our enemies - ISIS - fighting the others - Syria, Iran and yes, even Iraq.

    The right solution to Benghazi at the time, had anyone in diplomatic circles had a clue, would have been to pull US diplomats & journalists out of all these Arab countries and watch their civil wars from a distance. No handwringing over the rights of people, or anything like that. Just watch them do what they excel at doing - rioting. And keep all Western non-Muslim citizens out of there, warning them that they'd be responsible for their own security if they go despite these warnings and anything bad happens to them - just like Lara Logan.