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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