Life of an individual, copyright infringement, and free speech. These were the things that were weighed in a decision made by a U.S. Circuit Court of Appeals with regard to a controversial movie uploaded on YouTube.
On Friday, the 9th Circuit Court of Appeals rejected Google's position to keep the movie "Innocence of Muslims" on YouTube. The film that depicts Prophet Mohammed as sexually deviant and irrational, enraged Muslim communities across the globe and is seen as one of the factors that influenced the attack on the U.S. embassy in Libya that led to the death of diplomat Chris Stevens and several Americans.
Cindy Lee Garcia, an actress in the anti-Islamic film, filed the case against Google and asked it to take down the movie from its video-sharing site. Garcia received several death threats because of the movie, which was uploaded online in 2012. Google has insisted that the movie should stay put, citing freedom of speech and public interest.
"Garcia argues that she suffers irreparable harm both because of the ongoing infringement of her copyright and because that infringement subjects her to continuing, credible death threats. Irreparable harm isn't presumed in copyright cases," portion of the decision read.
While Garcia failed to file a suit in court to show the urgency of her case, the court had clarified why it ruled in favor of the actress.
"There's no dispute that, here, Garcia took legal action as soon as the film received worldwide attention and she began receiving death threats-in other words, as soon as there was a 'need for speedy action...' Because the need for immediate action didn't arise until she was threatened, Garcia wasn't dilatory in bringing the lawsuit. The harm Garcia complains of is real and immediate...She has provided unrefuted evidence that the threats against her are ongoing and serious, she has already been forced to take significant security precautions when traveling and she moved to a new home and relocated her business as a safety measure," the decision further read.
Garcia was allegedly paid $500 when the producer hired her to shoot for three days. Her work was meant for another film but was inserted by the producer into "Innocence of Muslims" without the actress' consent that subjected her to potential dangers. Her dialogue was also dubbed to be heard by the audience as "is your Mohammed a child molester?"
In the Muslim world, any portrayal of Mohammed is blasphemous.
"Although Google asserts that the film is so widespread that removing it from YouTube will have no effect, it has provided no evidence to support this point. Taking down the film from YouTube will remove it from a prominent online platform-the platform on which it was first displayed-and will curb the harms of which Garcia complains," the court ruled.
The court ruled that the argument of Google is flawed and that the First Amendment does not protect copyright infringement and that public interest also tips in favor of the complainant.
Of the short decision, one phrase might have been enough.
"...we think it best to err on the side of life."
Google will be appealing the decision.
