4 ms·
Yes, but this isn't a decision on the copyright claim. It is an injunction, ordering all copies of the film removed from youtube. She may eventually prevail an
by magicalist 13y ago
Yes, but this isn't a decision on the copyright claim. It is an injunction, ordering all copies of the film removed from youtube.
She may eventually prevail and have only her portion of the video removed, with the rest able to be distributed intact. Until that day, though, that in no way justifies the government restraining speech before her claim is even evaluated, especially given the particulars of the case. Prior restraint is almost universally a very bad thing, and something that needs to be fought tooth and claw.
- shalmanese 13y agoFair enough, I didn't touch on the issue of prior restraint in my post and it is potentially troubling. The justification for prior restraint is that Garcia claims that she is facing death threats as a result of this movie being online and this is causing her irreparable harm. So on top of all the other factors I mentioned before, also don't produce a work that will cause people to send death threats. I'm not saying I agree with the court's decisions, just that if you look at the actual brief, it's not the landmark, precedent setting case the media wants it to be.
- dfc 13y agoIf you look at "the actual brief" you are not looking at "the court's decision" in the instant case.