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  • 1
    Dec
    2012
    4:32am, EST

    Judge denies actress' request to remove anti-Islam film from YouTube

    By Reuters

    LOS ANGELES -- An actress who said she was duped into appearing in an anti-Islam film that stoked violent protests against the United States across the Muslim world lost on Friday her second legal bid to force the video off YouTube.


    Follow @NBCNewsUS

    Denying a request by actress Cindy Lee Garcia for a court order requiring the popular online video site to remove the crudely made 13-minute clip, a federal judge found she was unlikely to prevail on her claims of copyright infringement.

    U.S. District Judge Michael Fitzgerald of Santa Clara, California, also canceled a December 3 hearing he had previously set for oral arguments over Garcia's request.

    Garcia's lawyer, Cris Armenta, told Reuters she planned to appeal the decision.

    Actress sues, says she was fooled into acting in anti-Muslim movie

    The lawsuit, filed in September, names YouTube and its parent company Google Inc as defendants, along with the film's producer.

    A previous motion by Garcia for a temporary restraining order against YouTube's continued posting of the video was rejected by a Los Angeles County Superior Court judge.

    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.

    A judge denied bail for the alleged producer of an anti-Muslim film that sparked Mideast outrage. He was arrested for violating probation from a bank fraud conviction. KNBC's Beverly White reports.

    The outbreak of violence coincided with an attack on U.S. diplomatic facilities in Benghazi in September that killed four Americans, including the U.S. ambassador to Libya.

    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.

    Copyright claim
    Garcia has 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," and accuses Google of infringing on that copyright by distributing the video without her approval via YouTube.

    US-based anti-Islam filmmaker, 6 others sentenced to death by Egypt court

    But in a three-page ruling, the judge questioned the validity of such a claim. He held that even if she could prove a legitimate copyright interest in her film performance, she effectively relinquished her rights to producers of the film.

    Fitzgerald also ruled that Garcia failed to show that she would suffer irreparable harm without an injunction.

    Slideshow: Anger over film spreads throughout Muslim world

    Protests ignited by a controversial film that ridicules Islam's Prophet Muhammad spread throughout Muslim world.

    Launch slideshow

    Garcia's lawsuit identifies Nakoula Basseley Nakoula, 55, an Egyptian-born Coptic Christian living in the Los Angeles area, as the film's producer. His legal name has since been established to be Mark Basseley Youssef and he served time in federal prison for bank fraud.

    According to the lawsuit, Youssef operated under the assumed name of Sam Bacile when he misled Garcia and other performers into appearing in an anti-Muslim film they believed was to be an adventure drama called "Desert Warrior." She claims to have since received death threats.

    Man behind 'Innocence of Muslims' film sentenced to one year in prison for violating probation

    "We hope that worldwide the message has been heard that Ms. Garcia was not complicit and did not voluntarily participate in this heinous piece of hate speech," Garcia's lawyer said in a statement, despite Friday's ruling against her.

    Youssef was sent back to jail for a year on November 7 for probation violations stemming from his role in making the video, including his use of an alias in connection with the film.

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    Copyright 2013 Thomson Reuters. Click for restrictions.

    244 comments

    I thought it was funny as hell and it should have been done by the Saturday night live crew!

    Show more
    Explore related topics: film, lawsuit, court, youtube, featured, anti-muslim, anti-islam, innocence-of-muslims, cindy-lee-garcia
  • 19
    Sep
    2012
    6:03am, EDT

    Christian activist says he was deceived over anti-Islam film

    TODAY's Matt Lauer speaks with Al-Arabiya's Washington bureau chief Hisham Melhem on what has made conditions in the Middle East so ripe for violence, and whether there's a deeper anger that feeds the current outrage against the United States.

    By Reuters

    WASHINGTON -- An American Coptic Christian activist whose California TV facility was used to make an anti-Islam film that touched off protests across the Muslim world said he was deceived by the film's producer about its inflammatory content. 

    In a statement posted on the blog of a prominent American anti-Islamic activist, Joseph Nassralla, founder of a Duarte, California-based group called Media for Christ, said he was a victim of "disinformation and smear" and the film's principal producer had altered its content without his knowledge. 


    Slideshow: Anti-U.S. protests rock Mideast, Asia and northeast Africa

    Akhtar Soomro / Reuters

    Protests ignited by a controversial film that ridicules Islam's Prophet Muhammad spread throughout Muslim world.

    Launch slideshow

    Media for Christ operates a Christian satellite TV station called The Way TV, according to its website and tax return. 

    Nassralla said he was contacted last year by Nakoula Basseley Nakoula, whom he described as the film's producer, with a plan to make a film about the persecution of Christians in Egypt. 

    Nakoula, who has a criminal record for bank fraud and drug offenses, was briefly questioned last weekend by federal authorities about possible probation violations. He was later released and has gone into hiding. 

    Nassralla said in his statement that in explaining his film project, Nakoula had said the film would be called "Desert Warrior" and would "examine the culture of the desert and how it is related to what is going on right now." 

    The statement was posted on the website Atlasshrugs2000, which is run by Pamela Geller, an activist who has organized anti-Islamic protests and events, including demonstrations opposing construction of an Islamic center near the site of the September 11 attacks on the World Trade Center in New York in 2001. 

    Egypt issues arrest warrants for Terry Jones, Coptic Christians over anti-Islam video

    There was no way to independently confirm Nassralla's account. 

    An attorney representing Nakoula in the investigation by probation officials declined to comment on Nassralla's statement, saying he was aware of the blog post but had not had a chance to discuss it with his client. He said Nakoula or his representatives may issue a statement in the future. 

    Actors: 'We were grossly misled'

    Nassralla, who spoke at two rallies in 2010 and 2011 organized by Geller, said Nakoula "needed a place to film. So I let him use my facility." 

    "That is all I did, and is the full extent of my involvement with this project. Nakoula used my facility for ten days. Media for Christ employees were given a vacation during that time, because Nakoula was using the facility and so there was no work for them. There was only one Media for Christ employee who remained, to answer phones for the ministry," Nassralla said. 

    NBC Chief Foreign Correspondent Richard Engel spoke with former Arab League chief and former Egyptian foreign minister, Amr Moussa, to ask why there has been so much anti-American violence despite America's support of Arab Spring.

    Hezbollah chief makes rare appearance, leads calls for protests over video

    There was no sign of activity at the small studios of Media for Christ, located in a nondescript office park behind a Walmart store in suburban Duarte, during two visits last week by a Reuters reporter. 

    On both occasions the doors were found locked and knocks went unanswered. A woman who worked at an office next door said she had not seen any employees there in recent days. 

    Nassralla said he later discovered that Nakoula, using the name "Sam Bacile," had used Media for Christ's name without his permission to obtain an official permit for making the film.


    Follow @NBCNewsUS

    'We were shocked'
    After accounts of the film began circulating in Egypt and other Muslim majority countries, the amateurish production -- which portrays the Prophet Muhammad as a womanizer and a fool -- set off a chain of violent protests and attacks on U.S. and other Western embassies in the Middle East and North Africa. 

    In his statement, Nassralla said Nakoula had "filmed his movie not only at my ministry location, but in Nakoula's own home (which reporters located by getting the address from the actors), and in another facility for outside scenes that was included in the permit, Blue Canyon." 

    US analysts: Benghazi emerges as key recruiting ground for al-Qaida

    Nassralla also said that behind his back, Nakoula had "altered the film without anyone's knowledge, changing its entire focus and dubbing in new dialogue. He edited it." 

    "The final product, 'Innocence of Muslims,' bore no resemblance to the film I thought he was making, or the film the actors thought they were creating. We were shocked," Nassralla said. 

    In an introduction to Nassralla's statement, Geller said that she had last seen him at an event in June in California, and that now he was being "hunted like an animal for speaking critically about Islam." 

    Nassralla "is currently in hiding after multiple death threats from Muslims because of his purported role in producing this video," she said. 

    In an exchange of emails with Reuters last weekend, Geller suggested that if Nakoula was arrested, that would represent an attempt to impose strict Islamic Sharia law in the United States. 

    "He will not be in prison for fraud or some probation violation, but for blasphemy. This is Shariah enforcement in America," she said. 

    In a later email, however, Geller expressed disappointment over Nassralla's account of his dealings with Nakoula. But she added, "That would not make (Nakoula) any less a political prisoner." 

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    Copyright 2013 Thomson Reuters. Click for restrictions.

    96 comments

    Ain't god belief great? People killing each other over who's ludicrous, childish fairytale is better.

    Show more
    Explore related topics: film, protests, islam, featured, joseph-nassralla, innocence-of-muslims
  • 15
    Sep
    2012
    4:15am, EDT

    Suspected anti-Islam filmmaker questioned by federal probation officers

    An ex-con named Nakoula Bessaly Nakoula was escorted from his Cerritos, Calif., home to answer questions about his role in a controversial anti-Islam film. NBC's Mike Taibbi reports.

    By NBC News and wire services

    Updated at 10 a.m. ET: A man purported to be a filmmaker involved with the anti-Islam video sparking violent unrest in the Middle East and North Africa was escorted by deputies from his Cerritos, Calif., home shortly after midnight Saturday morning, NBCLosAngeles.com reported.

    Media and law enforcement had been staking out the home at the end of a cul de sac in the Southern California city for about 48 hours when Nakoula Besseley Nakoula emerged wearing a coat, hat, scarf and glasses.


    L.A. County Sheriff’s Department spokesman Steve Whitmore confirmed to NBCLA that Nakoula, 55, was taken to the Cerritos sheriff’s station for interviewing by federal probation officers aimed at determining whether he violated the terms of his 5-year probation by uploading a video to the Internet.

    "We are in an assist mode," he said.

    Whitmore added that Nakoula, who has denied involvement in the film in a phone call to his Coptic Christian bishop, agreed to the interview prior to the deputies arriving at his home, that the move was "entirely voluntary" and the man was "very cooperative."

    Deputies pulled up to the home around midnight, according to witnesses. The group left the home through the side gate because the front door was not working, Whitmore said. NBCLA went to the home earlier this week and saw the front door was missing a knob.

    International protesters have cited the 15-minute video posted on the Internet called "The Innocence of Muslims" as a catalyst for their demonstrations in countries such as Libya, Tunisia and Egypt.

    Read more on NBCLosAngeles.com

    They say the piece is insulting to their religion as it depicts the Prophet Muhammad as a child molester and a thug. In Islam, all images of Muhammad are prohibited, let alone negative ones.

    Nakoula has told the Associated Press he was not the director on the film, but rather a logistics manager. The film's mystery producer has been said to go by the pseudonym Sam Bacile.

    A telephone number said to belong to Bacile, given to Reuters by U.S.-based Coptic Christian activist Morris Sadek who said he had promoted the film, was later traced back to a person who shares the Nakoula residence. 

    NBC's Mike Taibbi has more on three men suspected of producing an anti-Islam film that is sparking outrage around the globe.

    Nakoula reportedly requested deputies step up patrols around his home Wednesday after media descended on the area. At the time, Whitmore told reporters there had been no disturbance or crime.

    Related: At least 7 reported killed in protests over anti-Islamic video
    Related: Two US troops killed at Afghan camp where Prince Harry is based

    Early reports suggested the film prompted the attack on the U.S. Consulate in Libya that killed 14 people, including U.S. Ambassador Christopher Stevens, two former Navy SEALS who were providing security for Stevens, and information management officer Sean Smith.

    But U.S. officials are also probing the possibility that Wednesday’s attack was planned and timed to coincide with the 11th anniversary of the Sept. 11, 2001, terrorist attacks.

    A federal grand jury indictment in February 2009 charged Nakoula in an alleged bank fraud conspiracy. The indictment accused him and others of fraudulently obtaining the identities and Social Security numbers of bank customers at Wells Fargo and withdrawing $860 from bank branches in Cerritos, Artesia and Norwalk.

    Nakoula pleaded no contest in 2010 and was ordered to pay more than $790,000 in restitution. He was also sentenced to 21 months in federal prison, but was released early. The terms of his parole included being barred from assuming aliases and using computers or the Internet for five years without approval from his probation officer. 

    Many records in the case remain sealed, but prosecutors sought a longer prison term and noted that he misused some of his own relatives' identities to open 600 fraudulent credit accounts.

    Los Angeles County District Attorney spokeswoman Sandi Gibbons confirmed that Nakoula also served a year in jail after pleading guilty to possession of meth with the intent to manufacture in 1997.

    U.S. officials have said authorities were not investigating the film project itself, and that even if it was inflammatory or led to violence, simply producing it cannot be considered a crime in the United States, which has strong free speech laws. 

    It could be difficult to establish a probation violation case against Nakoula. In the federal court system, the conditions of supervised release are geared toward the offense for which a defendant was found guilty and imprisoned.

    In Nakoula's case, the offense was bank fraud. His no contest plea was to charges of setting up fraudulent bank accounts using stolen identities and Social Security numbers, depositing checks from those accounts into other phony accounts and then withdrawing the illicit funds from ATM machines.

    While it was unclear what might have provoked authorities' interest, the filmmaker's use of a false identity and his access to the Internet through computers could be at issue, according to experts in cyber law and the federal probation system. Nakoula, who told the AP that he was logistics manager for the film, was under requirements to provide authorities with records of all his bank and business accounts. 

    There are indications that "Innocence of Muslims" may have already been under way as a film project when Nakoula was arrested. A casting call for actors and crew for a film called "Desert Warrior" ran in Backstage magazine, based in Los Angeles and New York, in May and June 2009. The casting call described the film project as a "historical Arabian Desert adventure" and listed a "Sam Bassiel" as producer.

    One notice identified "Pharaoh Voice Inc."as the film's production company. California state records show Pharaoh Voice was incorporated in September 2007 by a "Youssef M. Basseley." The principal address for Pharaoh Voice in Hawaiian Gardens, a southern California community, is the same location where Nakoula lived until 2008, according to state records.

    Nakoula Besseley Nakoula, suspected of producing a recent anti-Islam film, is taken in for questioning in Cerritos, Calif. MSNBC's Alex Witt and MSNBC contributor Ret. Col. Jack Jacobs discuss.

    During an interview with AP, Nakoula denied that he was Sam Bacile, but acknowledged knowing him. 

    Stan Goldman, a Loyola Law School professor, said whether Nakoula is sent back to jail over potential probation violations linked to the film, such as accessing the Internet, was a subjective decision up to an individual judge.

    "Federal judges are gods in their own courtrooms, it varies so much in who they are," he said, noting such a move would be based on his conduct not on the content of the film. 

    Reuters and The Associated Press contributed to this report.

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    3012 comments

    This guy was hired to be the front guy. Keep digging.

    Show more
    Explore related topics: libya, film, protests, islam, featured, christopher-stevens, nakoula-besseley-nakoula

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