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DATE	2015-05-19
FROM	Ruben Safir
SUBJECT	Subject: [NYLXS - HANGOUT] copyright vrs free speach on utube
Check this out from todays NY Times: LOS ANGELES — An anti-Muslim movie trailer that set off protests in 2012 returned to the spotlight on Monday when a federal appeals court ruled that YouTube should not have been forced to remove the crude video from its website. In a victory for free speech advocates, an 11-judge panel of the United States Court of Appeals for the Ninth Circuit in San Francisco rejected a copyright claim by Cindy Lee Garcia, an actress who appeared unwittingly, she said, in the “Innocence of Muslims” trailer. Ms. Garcia had earlier won the forced removal from YouTube of the video, which depicted the Prophet Muhammad as a bloodthirsty thug. “In this case, a heartfelt plea for personal protection is juxtaposed with the limits of copyright law and fundamental principles of free speech,” Judge M. Margaret McKeown wrote in the ruling. “The appeal teaches a simple lesson — a weak copyright claim cannot justify censorship.” Continue reading the main story Related Coverage Nakoula Basseley Nakoula, who created the film “Innocence of Muslims,” being taken into custody in California in September. From Man Who Insulted Muhammad, No RegretNOV. 25, 2012 Armed militiamen had attacked the United States consulate in Benghazi, Libya, killing a staff member. Anger Over Film Fuels Anti-American Attacks in Libya and EgyptSEPT. 11, 2012 Ms. Garcia, who was supported by some Hollywood guilds in her case, pursued legal action after the trailer resulted in death threats. (The full movie has never materialized.) She said the “Innocence of Muslims” filmmaker, Nakoula Basseley Nakoula, tricked her into appearing and secretly dubbed over her dialogue with anti-Muslim rhetoric. Ms. Garcia, who was paid $500 for her work, thought she was a bit player in a sword-and-sandal movie called “Desert Warrior.” Last year, a divided three-judge Ninth Circuit panel ruled in Ms. Garcia’s favor, basing its opinion on copyright law. Google, which owns YouTube, vowed to fight on, with support from technology companies including Facebook and Twitter. Bruce Ewing, a partner in the New York firm Dorsey Whitney who specializes in trademark law, particularly as it relates to the entertainment industry, said in an email that Monday’s ruling was “a resounding victory for Google that will also be viewed very favorably by film and television studios.” It was unclear when or if the “Innocence of Muslims” video would return to YouTube. In 2012, it led to wide protests, beginning in Cairo and spreading to countries including Iran, Pakistan and Malaysia. In a statement, YouTube said only: “We have long believed that the previous ruling was a misapplication of copyright law. We’re pleased with this latest ruling by the Ninth Circuit.” A lawyer for Ms. Garcia, Cris Armenta, had no immediate comment. The vote on Monday’s ruling was 10-1. In his dissenting opinion, Judge Alex Kozinski wrote, “In its haste to take Internet service providers off the hook for infringement, the court today robs performers and other creative talent of rights Congress gave them.” Judge Kozinski was the author of the majority opinion in last year’s opposite ruling. A version of this article appears in print on May 19, 2015, on page B3 of the New York edition with the headline: Censoring Anti-Muslim Video Was Wrong, Court Says . Order Reprints\| Today's Paper\|Subscribe Next in Media Charter and Bright House Pursuing Merger Even After Comcast’s Failed Deal Most Emailed When Birds Squawk, Other Species Seem to Listen Paul Krugman: Errors and Lies Opinion: Poor Little Rich Women Opinion: Let the Kids Learn Through Play Study Suggests Dense Breast Tissue Isn’t Always a High Cancer Risk Fake Diplomas, Real Cash: Pakistani Company Axact Reaps Millions ArtsBeat: ‘Mad Men’ Series Finale Recap: The Door Closes, The Light... I Was Misinformed: If You’re Older and You Know It, Shake Your Arms The Last Day of Her Life The TV Watch: Shifting From ‘Mad Men’ to Strong Women in a Series... View Complete List » More in Media Go to the Media Section » Behind a ’71 Coke Jingle, a Man Who Wasn’t Mad New on Snapchat, Music Videos Six Years in, Obama Joins Twitter Universe (but He’s Not Following You) Charter and Bright House Pursuing Merger Even After... If combined, the two cable operators may have enough firepower to pursue a new “friendly” consolidation with Time Warner... Starbucks in Deal With Spotify to Stream Music Starbucks says Spotify will promote its streaming music service and produce playlists for the coffee chain’s more than 7,000 stores in... Open Source Axact, Fake Diploma Company, Threatens Pakistani Bloggers... The Pakistani company Axact threatened to sue a local blog, Pak Tea House, merely for rounding up Twitter reaction to an exposé. Top News Go to the Home Page » ISIS Fighters Seized Advantage in Iraq Attack by Striking During Sandstorm Fall of Ramadi to ISIS Weakens Rule of Iraqi Premier Your Tuesday Briefing