Friday, July 11, 2014

Ninth Circuit continues to stall on "Innocence of Muslims" takedown issue; a dangerous precedent for the movie business?

Electronic Frontier Foundation is reporting that the Ninth Circuit “doubled down” on the request by EFF and others to revisit the opinion regarding YouTube’s pulling copies of the “Innocence of Muslims” video on the claim of “copyright infringement’ on one of the female performers, who in practice had faced threats.   Corynne McSherry writes on the matter here today, July 11.  The case was Garia v. Google.
EFF is still critical of the Circuit for its effective prior restraint on free speech on the basis of a speculative and legally dubious copyright claim which would probably not succeed. 

Nicholas O’Donnell, from Sullivan and Worcester, argues on the “Art Law Report”  (and LXBN video above) that the reasoning behind the copyright claim was particularly dangerous because actors normally do “work for hire” and don’t have their own claims on the material, link  It is looking as though the objectionable nature of the material, rather than legal objectivity, has driven this case.   

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