UPDATE, 12:39 PM: Google isn’t taking a court order to take down the 14-minute trailer for Innocence Of Muslims lying down. YouTube‘s parent company filed an emergency motion at the 9thCircuit Court of Appeals late yesterday urging it to stay its order pending a full en banc hearing. Google’s 29-page motion raised First Amendment concerns and alleged that there’d be copyright “chaos” for everyone — especially Hollywood — if minor players in a production can assert a right to control its fate. Service providers including YouTube lack the ability to determine who has a valid copyright claim, the search giant says. “And absent a stay, Google, YouTube, and the public face irreparable harm because the panel’s order will gag their speech and limit access to newsworthy documents—categorically irreparable injuries.” In a case than lasted more than a year and a half, the court sided with actress Cindy Lee Garcia who wanted the trailer for the anti-Islam film taken down. We’ll see what the Ninth Circuit says.
PREVIOUS, WEDNESDAY AM: Actress Cindy Lee Garcia has won a significant victory in her copyright case against Google over her request to have Google-owned YouTube take down the trailer for the controversial anti-Islam film Innocence Of Muslims. The 9th U.S. Circuit Court of Appeals in a 2-1 decision today (read it here) rejected Google’s assertion that the removal of the film amounted to a prior restraint of speech that violated the U.S. Constitution. The court is ordering YouTube to remove the video, and the video-sharing site could be hit with major penalties. (more…)