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Court Rules That YouTube Cannot Be Forced to Remove Innocence of Muslims
Mediaite ^ | 18 May 2015 | Tina Nguyen

Posted on 05/18/2015 5:52:30 PM PDT by mandaladon

An appeals court today reversed a lower court’s decision compelling YouTube to remove the controversial film Innocence of Muslims, saying that such an act was a violation of the First Amendment.

The film, a 13-minute “trailer” created by Nakoula Basseley Nakoula in 2012, sparked outrage among the Muslim community for its depiction of the prophet Muhammad as a pedophile and a murderer, and for a time was thought to be the cause of the attacks against the American embassy in Benghazi, Libya.

The initial lawsuit had been filed by Cindy Lee Garcia, one of the actresses in the film, who said that she had no idea that her film was about Islam. (Her lines in the film had been dubbed over and replaced with: “Is your Mohammed a child molester?”). Garcia claimed that as a result of the film, she received death threats and demanded that YouTube remove the film; a three-judge panel on the Ninth Circuit Court of Appeals initially sided with her claim. A year later, the entire eleven judge panel revisited the decision and reversed it.

In the opinion, written by Judge M. Margaret McKeown, they based their ruling on Garcia’s specific claim — that she held a copyright to her five seconds of performance, and that YouTube was violating that copyright by hosting the movie without her permission. The :

As Garcia characterizes it, “the main issue in this case involves the vicious frenzy against Ms. Garcia that the Film caused among certain radical elements of the Muslim community.” We are sympathetic to her plight. Nonetheless, the claim against Google is grounded in copyright law, not privacy, emotional distress, or tort law, and Garcia seeks to impose speech restrictions under copyright laws meant to foster rather than repress free expression.

(Excerpt) Read more at mediaite.com ...


TOPICS: Culture/Society; Front Page News; News/Current Events
KEYWORDS: 1stamendment; 2012; 20120911; benghazimovie; benghazivideo; copyright; desertwarrior; freedomofspeech; innicenceofmuslims; innocenceofmuslims; muslims; nakoula; obama; youtube
In addition, the takedown order was a straightforward violation of the law and the First Amendment, McKeown wrote. “The mandatory injunction censored and suppressed a politically significant film — based upon a dubious and unprecedented theory of copyright,” she argued. “In so doing, the panel deprived the public of the ability to view firsthand, and judge for themselves, a film at the center of an international uproar.” ...............Agree
1 posted on 05/18/2015 5:52:30 PM PDT by mandaladon
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To: mandaladon

Good.


2 posted on 05/18/2015 5:53:36 PM PDT by RushIsMyTeddyBear (The White House is now known as "Casa Blanca".)
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To: mandaladon

“Is your Mohammed a child molester?”

And the answer is......


3 posted on 05/18/2015 5:55:42 PM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: mandaladon

Simpler to just re-post it on vimeo, or rutube.


4 posted on 05/18/2015 6:04:27 PM PDT by research99
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To: mandaladon

Uh, no thinking person believed that this lame video caused squat, ‘cept making H! look as ridiculous as ever.


5 posted on 05/18/2015 6:08:52 PM PDT by Paladin2
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To: mandaladon
The film, a 13-minute “trailer” created by Nakoula Basseley Nakoula in 2012, sparked outrage among the Muslim community for its depiction of the prophet Muhammad as a pedophile and a murderer, and for a time was thought to be the cause of the attacks against the American embassy in Benghazi, Libya.

Wow, somebody actually believes this?

6 posted on 05/18/2015 6:16:57 PM PDT by Riley (The Fourth Estate is the Fifth Column.)
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To: mandaladon

“depiction of the prophet Muhammad as a pedophile”

Why are ragheads throwing a hissy fit? Ass clown here historically raped and “married” a 9 year old girl. Sub human animals can only come up with this immorality.


7 posted on 05/18/2015 6:22:20 PM PDT by max americana (fired liberals in our company last election, and I laughed while they cried (true story))
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To: mandaladon

Sanity prevails for once.


8 posted on 05/18/2015 6:23:33 PM PDT by dfwgator
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To: mandaladon
and for a time was thought to be the cause of the attacks against the American embassy in Benghazi, Libya

Complete and utter lie. It was claimed by Obama, Hillary and Democrats. The Ninth Circus is a political hack circuit. This took a year to resolve?

9 posted on 05/18/2015 6:34:40 PM PDT by 1010RD (First, Do No Harm)
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To: mandaladon
The film, a 13-minute “trailer” created by Nakoula Basseley Nakoula in 2012, sparked outrage among the Muslim community for its depiction of the prophet Muhammad as a pedophile and a murderer,

Just imagine how outraged they'll be when they read the koran and hadith!

10 posted on 05/18/2015 6:52:52 PM PDT by Squeako (If you ask yourself, "How did this happen?", the answer is likely "decades of communist activity".)
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To: mandaladon

It is
The Will of Allah


11 posted on 05/18/2015 6:55:48 PM PDT by MrBambaLaMamba (Obama - "I will stand with the Muslims")
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To: 1010RD

Their “out” for this claim would be that it was thought by *some*, not necessarily Obama and Hillary and Susan Rice, who knew damn well that it was a terrorist attack as it was happening in real time. But sure, SOME people believed the video was the cause of the attack, because they believed the lie.


12 posted on 05/18/2015 7:05:05 PM PDT by Cymbaline ("Allahu Akbar": Arabic for "Nothing To See Here" - Mark Steyn)
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To: mandaladon

Besides mohamhead having been a pedophile and a murderer, throw in that he was a thief just for good measure.


13 posted on 05/18/2015 7:06:08 PM PDT by onedoug
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To: mandaladon
"...and for a time was thought to be the cause of the attacks against the American embassy in Benghazi, Libya."

Shoddy journalism. There was no American Embassy in Benghazi, only a Consulate and the "CIA Annex" that was the base of a large gunrunning operation. The embassy was in Libya's capital city of Tripoli.

14 posted on 05/18/2015 7:43:39 PM PDT by Always A Marine
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To: mandaladon

Isn’t that guy still in jail for some lame reason?


15 posted on 05/18/2015 7:51:58 PM PDT by bk1000 (A clear conscience is a sure sign of a poor memory)
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To: max americana

When the flak is the thickest, that’s how you know you’re over the target. Seems some Muslims take offense at this because they know it is true.


16 posted on 05/18/2015 8:55:58 PM PDT by ThunderSleeps (Stop obarma now! Stop the hussein - insane agenda!)
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To: mandaladon
The film, a 13-minute “trailer” created by Nakoula Basseley Nakoula in 2012, sparked outrage among the Muslim community for its depiction of the prophet Muhammad as a pedophile and a murderer,...

No it didn't. Only 100 people or less had viewed it as of the day after the Benghazi attack.

The protests and attack in Cairo (or anywhere in the world) weren't about that stupid 'video' either.

Brian Lilley: The MSM is lying about the muslim riots
Interviews on the streets of Cairo. 'Video' had nothing to do with protests and attack.

"Blame it on the Video" was a Fraud for the Cairo Rioting, Too

17 posted on 05/18/2015 11:50:51 PM PDT by TigersEye (STONE COLD ZOMBIE SCOURGE)
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To: research99
Simpler to just re-post it on vimeo, or rutube.

Да!

Or just post it again on YouTube.

18 posted on 05/19/2015 12:03:20 AM PDT by cynwoody
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To: Cymbaline

Given that Obama and Hillary and Susan Rice were promoting the lie, that’s not an out.


19 posted on 05/19/2015 5:07:58 AM PDT by 1010RD (First, Do No Harm)
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To: research99

I thought that was a misprint....it’s Soviet YouTube, where video watches YOU!


20 posted on 05/19/2015 8:49:54 AM PDT by __rvx86 (Ted Cruz: Proving that conservative populism is a winning strategy. GO CRUZ!)
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