Case: 12-57302, 05/18/2015, ID: 9540348, DktEntry: 197-1, Page 11 of 42
GARCIA V. GOOGLE
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intentional infliction of emotional distress. The state court
denied Garcia’s motion for a “temporary restraining order and
for an order to show cause re preliminary injunction,”
because she had “not shown a likelihood of success on the
merits.” On September 25, 2012, Garcia voluntarily
dismissed her state court suit.
One day later, Garcia turned to federal court. She filed
suit in the United States District Court for the Central District
of California and again named Google and Youssef as codefendants. Garcia alleged copyright infringement against
both defendants and revived her state law claims against
Youssef for fraud, unfair business practices, libel, and
intentional infliction of emotional distress.
Garcia then moved for a temporary restraining order and
for an order to show cause on a preliminary injunction—but
only on the copyright claim. She sought to bar Google from
hosting Innocence of Muslims on YouTube or any other
Google-run website.
On November 30, 2012, the district court denied Garcia’s
motion for a preliminary injunction. As an initial matter, the
court concluded that “Garcia ha[d] not demonstrated that the
requested relief would prevent any alleged harm,” because,
by that point, the film trailer had been on the Internet for five
months. Nor did Garcia establish a likelihood of success on
the merits. In particular, the district court found that the
nature of Garcia’s copyright interest was unclear, and even if
she could establish such a copyright, she granted the film
directors an implied license to “distribute her performance as
a contribution incorporated into the indivisible whole of the
Film.”
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