October 18, 2012 1:44pm PT by Eriq Gardner
'Innocence of Muslims' Actress Denied Second Request to Take Down YouTube Video
It hasn't taken long for a federal judge, Michael Fitzgerald, to deny a second request by Innocence of Muslims actress Cindy Lee Garcia to force the removal of the controversial video from YouTube.
Garcia has asserted that she owns the right to control her dramatic performance in the film, which she was allegedly duped into appearing. A state court judge in Los Angeles previously denied her request for an injunction against the film. In response, on Wednesday, she submitted papers in federal court that detailed why she thinks YouTube mishandled her takedown request on the film's trailer.
But on Thursday, the judge denied her request for a temporary restraining order, citing the fact that the alleged infringement commenced almost three months ago.
But Google will still need to respond to her allegations of copyright infringement and a request for a preliminary injunction. Judge Fitzgerald has ordered the defendants to file an opposition brief on or before October 29. A hearing has been set on the injunction motion for November 19.