An actress
who said she was duped into appearing in an anti-Islam film that stoked violent
protests across the Muslim world took her legal bid to federal court on
Wednesday in a renewed effort to force it off YouTube. The lawsuit filed by
Cindy Lee Garcia names the popular online video site YouTube and its parent company Google Inc. As defendants,
along with the Egyptian-American Coptic Christian from California believed to
be behind the making of the film. Last week, a Los Angeles Superior
Court judge denied Garcia's request for a temporary restraining order that
would have required YouTube to stop posting the crudely made 13-minute video, finding the actress was
unlikely to prevail on the merits of her case in state court. As in her previous lawsuit, Garcia
accused the purported filmmaker of fraud, libel and unfair business practices.
But her federal lawsuit also asserts a copyright claim to her performance in
the video, titled "The Innocence of Muslims."
Garcia's case was the first known civil litigation stemming from the video, billed as a film trailer, which depicts the Prophet Mohammad as a fool and a sexual deviant. The clip sparked a torrent of anti-American unrest in Egypt, Libya and dozens of other Muslim countries over the past two weeks.
Garcia's case was the first known civil litigation stemming from the video, billed as a film trailer, which depicts the Prophet Mohammad as a fool and a sexual deviant. The clip sparked a torrent of anti-American unrest in Egypt, Libya and dozens of other Muslim countries over the past two weeks.
The outbreak of violence coincided
with an attack on U.S. diplomatic facilities in Benghazi that killed four
Americans, including the U.S. ambassador to Libya. U.S. and other foreign
embassies were also stormed in various cities across the Middle East, Asia and
Africa. For many Muslims, any depiction of the prophet is considered
blasphemous.
Google has refused to remove the
film from YouTube, despite pressure from the White House and others to take it
down, though the company has blocked the trailer in Egypt, Libya and other Muslim countries.
Garcia's lawyer argued in court last
week that her client, who is from Bakersfield, California, has suffered harm
similar to a person whose privacy is violated by the unauthorized release of a
sex tape. But Google's attorneys said that the rights of an actor do not
protect that person from how a film is perceived. In her latest lawsuit filed
in U.S. District Court in Santa Clara, California, Garcia says that Google is
infringing on the copyright she holds to her performance in the film by distributing the video without her
approval via YouTube. Garcia's lawsuit identifies Nakoula Basseley Nakoula, 55,
a Los Angeles-area Coptic man who has served time in federal prison for bank
fraud, as the film's producer. On Saturday, a Pakistani cleric offered a
$100,000 reward to anyone who killed the film's maker.
Garcia said in her lawsuit that an Egyptian cleric had issued a fatwa, or
religious edict, against anyone who served as a director, producer or actor in the video.
According to Garcia, Nakoula
operated under the assumed name of Sam Bacile, misleading her and other actors
into appearing in a film they believed was an adventure drama called
"Desert Warrior." After the fact,
however, she learned that some of her lines spoken in the production had been
dubbed over. The alteration made it look like Garcia "voluntarily performed
in a hateful, anti-Islamic production," the lawsuit says, adding that she
has "been subjected to credible death threats and is in fear for her life
and the life and safety of anyone associated with her." Nakoula has been
in hiding for much of the past two weeks after being questioned by federal
authorities looking into whether he may have violated terms of his probation in
the making or promotion of the video.
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