Cindy Lee Garcia's attorney points the finger at YouTube for abandoning typical takedown protocol to profit off a film that has sparked protests and death threats.
Earlier this week, Chris Armenta, the attorney for Innocence of Muslims actress Cindy Lee Garcia, phoned up the defense attorney for Nakoula Basseley Nakoula, the jailed producer behind the anti-Islam film that has stoked violent protests across the Muslim world.
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Garcia is suing Nakoula for duping her into appearing in a controversial movie that has led to a fatwa on her head. The purpose of the call was to find out whether Nakoula had accepted a settlement offer. Armenta was told by Nakoula's attorney that she was pursuing the wrong person.
In new legal papers filed in the case, Armenta says she followed up by asking who was the right person.
Armenta's next move was to e-mail Timothy Alger, a former deputy general counsel at Google, who now represents the company from the outside as a partner at Perkins Coie.
"I have just been informed by Nakoula's attorney that Nakoula...DOES NOT OWN the rights to the film and will not claim copyright ownership on the rights to the film," Armenta wrote. "We believe it is YouTube's burden to identify the correct copyright holder, in light of Garcia's allegations that she owns the rights to her dramatic performance."
Garcia recently re-filed her lawsuit in federal court after failing to get a California state judge to order YouTube to remove the video. Late Wednesday, she filed a new motion for an injunction. (Read the full motion here.) The latest motion is rather unusual. Besides the typical legal reasoning, Garcia's attorney also submits hundreds of pages of documents and news articles about Viacom's copyright battle with YouTube, and attempts to put the web giant on trial for the way it responds to takedown requests.
Garcia is pushing, potentially opening up a sensitive issue for Google. In a declaration given by David Hardy, president of DMCA Solutions, YouTube's typical notice-and-counter-notice process is described. Hardy then shares his conversations with YouTube over the Innocence of Muslims video and characterizes YouTube's responses as purposeful delay tactics and feigning ignorance on copyright law.
Read More: http://www.hollywoodreporter.com/thr-esq/innocence-muslims-actress-attacks-google-379958
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