Case: 12-57302, 05/18/2015, ID: 9540348, DktEntry: 197-1, Page 30 of 42
30
GARCIA V. GOOGLE
heavy presumption against such restraints with a thin
copyright claim in a five-second performance.
The amended injunction issued February 28, 2014 is
dissolved immediately and has no force or effect.
CONCLUSION
At this stage of the proceedings, we have no reason to
question Garcia’s claims that she was duped by an
unscrupulous filmmaker and has suffered greatly from her
disastrous association with the Innocence of Muslims film.
Nonetheless, the district court did not abuse its discretion
when it denied Garcia’s motion for a preliminary injunction
under the copyright laws.
AFFIRMED.
WATFORD, Circuit Judge, concurring in the judgment:
We don’t have to craft new rules of copyright law to
resolve this appeal. We just have to follow the law we
established a few years ago, without controversy, on the
subject of irreparable harm. The majority’s decision to do
more is a mistake in my view, and not just because much of
what the majority says about copyright law may be wrong.
See Dissent at 34–38. We are usually well advised to decide
no more than we need to, even when resolving routine
appeals typical of those we’re likely to see in the future. We
should be all the more cautious when resolving an appeal like
this one, a case that could not be more atypical as far as
copyright infringement actions go and one that is highly
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents