updated 12:23 pm EDT, Wed March 26, 2014
'Innocence of Muslims' film keeps re-appearing on YouTube
According to the complaining actress, Google is not complying with an order by the Ninth Circuit Court in California to purge the anti-Islamic Innocence of Muslims film from its YouTube service. Saying that all Google has done is post "a snide message" on a few copies of the movie on it service, actress Cindy Lee Garcia has filed an emergency motion for sanctions against the search engine for noncompliance.
Google claims to be "promptly blocking those clips that fall within the court's order as they come to Google's attention." Referring to the emergency motion, Google reports that it "has taken this very seriously and is working quite hard to comply with the Ninth Circuit's order."
"Notwithstanding its vast technical resources and standing as one of the largest and most sophisticated technology companies in the world, Google and its army of lawyers have taken the position that Google is somehow incapable of complying with the order," writes Garcia's attorney M. Cris Armenta in the emergency motion. "For Google, it is a pedestrian, technical exercise to take down those URLs, to hire an intern to just search for Innocence of Muslims."
Google's statement on the blocked copies of the movie notes that the video "is no longer available due to a copyright claim by an actress over her five-second performance in the video. A US court has ordered Google to remove the video. We strongly disagree with this copyright ruling and will fight it." Google has asked the US Court of Appeals for the Ninth Circuit to reconsider the ruling.
Garcia argued that her rights had been violated by Google and the film makers because of the inappropriate use of her image and re-dubbing of words deemed offensive by adherents of the Muslim faith, and that its continued display on YouTube would cause "irreparable harm" by conceding the actor's ownership of the original video she appeared in. The company argued that the video had become part of a public debate, and as such shouldn't be removed. Citing the apparent difficulty of coming to a financial figure to salve the actress' complaint, Armenta is asking for "maximum penalty of $150,000 per channel."