Case: 12-57302, 05/18/2015, ID: 9540348, DktEntry: 197-1, Page 15 of 42
GARCIA V. GOOGLE
15
Garcia’s burden here is doubly demanding: Because
Garcia seeks a mandatory injunction, she must establish that
the law and facts clearly favor her position, not simply that
she is likely to succeed.
Why? Garcia’s requested injunction required Google to
take affirmative action—to remove (and to keep removing)
Innocence of Muslims from YouTube and other sites under its
auspices, whenever and by whomever the film was uploaded.
This relief is treated as a mandatory injunction, because it
“orders a responsible party to ‘take action.’” Marlyn
Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d
873, 879 (9th Cir. 2009) (citation omitted). As we have
cautioned, a mandatory injunction “goes well beyond simply
maintaining the status quo pendente lite [and] is particularly
disfavored.”4 Stanley v. Univ. of S. Cal., 13 F.3d 1313, 1320
(9th Cir. 1994) (internal citations omitted)). The “district
court should deny such relief ‘unless the facts and law clearly
favor the moving party.’” Id. (quoting Anderson v. United
States, 612 F.2d 1112, 1114 (9th Cir.1979)). In plain terms,
mandatory injunctions should not issue in “doubtful cases.”
Park Vill. Apartment Tenants Ass’n v. Mortimer Howard
Trust, 636 F.3d 1150, 1160 (9th Cir. 2011).
As we shall see, the district court did not abuse its
discretion in concluding that Garcia was not likely to succeed
on her copyright claim—much less that the law and facts
4
“The status quo means the last, uncontested status which preceded the
pending controversy.” N.D. ex rel. Parents v. Haw. Dep’t of Educ.,
600 F.3d 1104, 1112 n.6 (9th Cir. 2010) (internal citation and quotation
marks omitted). The status quo preceding this litigation was that
Innocence of Muslims was uploaded to and available for viewing on
YouTube. The preliminary injunction issued by the panel majority
disrupted that status quo by ordering Google to remove the film.
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