Ergun Caner Loses ‘Fair Use’ Lawsuit In Failed Attempt To Silence Critics

 

Ergun Caner

Ergun Caner

Ergun Caner Loses ‘Fair Use’ Lawsuit In Failed Attempt To Silence Critics

Rev. Deacon Robert Spencer translates Arabic into gibberish and Ergun Caner speaks gibberish claiming it to be Arabic. Seems that the Islamophobes are learning from each other.

For those familiar with the website, fake ex muslims, Ergun Caner is the poster child for “fake ex-Muslims.”

Ergun Caner Loses ‘Fair Use’ Lawsuit In Failed Attempt To Silence Critics

Submitted by Brian Tashman

Ergun Caner has lost his lawsuit against a blogger who criticized the Religious Right figure as a fraud, with a federal judge ruling last week that Caner’s case had no merit.

After the September 11 attacks, Caner built a career around his purported conversion from Islamic extremism to Christianity, but his testimony was later exposed as fictitious. Not only did he completely fabricate details about his background — including facts about his birthplace, upbringing, and his family — but he also spoke gibberish during his speeches, which he claimed was Arabic.

Caner led Liberty University’s theological seminary at the time but the university cut ties with him following the revelations and he now heads Brewton-Parker College, which is affiliated with the Southern Baptist Convention.

A federal judge dismissed Caner’s lawsuit, a thinly veiled attempt to shut down criticism, against blogger Jason Smathers, as the Associated Baptist Press reports today:

Ergun Caner, president of Brewton-Parker College in Mount Vernon, Ga., filed a lawsuit last summer claiming ownership of two videos that Smathers posted of Caner speaking as an expert on Islamic culture in training for U.S. Marines preparing to deploy in 2005.

U.S. District Judge Terry Means, however, said Caner failed to make a case and that Smathers used the material fairly, as copyright law permits, for “purposes such as criticism, comment, [or] news reporting.”

“His sole purpose was to expose the inconsistencies in Dr. Caner’s biography and criticize a public figure,” the judge determined. If the unauthorized reproduction of his lectures caused Caner any financial loss, he continued, it was the result of “legitimate criticism” of his words.

The misuse of video “takedown notices” — the same method employed by another Religious Right activist who tried to shut down Right Wing Watch’s YouTube page — was one of the focuses of the trial. As the judge notes in his ruling [PDF], the blogger’s actions are protected as fair use.

In 2013, Dr. Caner filed a “takedown notice” with Viddler.com, claiming that the videos were posted without authorization and in violation of his copyright. Smathers challenged the removal of the videos, which ultimately resulted in the present lawsuit by Dr. Caner, alleging copyright infringement in violation of 17 U.S.C. §§ 106,506.

Smathers claims that he posted he videos featuring Dr. Caner as a religiously based criticism of a public figure and, thus, his posting constituted fair use.

The Court notes that Dr. Caner has apparently conceded this issue since he has offered no argument in his response with respect to Smathers’s assertion of fair use.

Dr. Caner’s concession notwithstanding, the facts of this case support the application of fair use.

The affirmative defense of fair use is codified at 17 U.S.C. § 107 and provides that “the fair use of a copyrighted work, including such use by reproduction in copies . . . , for purposes such as criticism, comment, [or] news reporting . . . , is not an infringement of copyright.”

All of Dr. Caner’s claims of copyright infringement against Smathers are hereby DISMISSED WITH PREJUDICE.

– See more at: http://www.rightwingwatch.org/content/ergun-caner-loses-fair-use-lawsuit-after-attempt-silence-critics#sthash.o2ab5fwk.dpuf

Sunando Sen Shoved to His Death by Woman Who Hates “Muslims and Hindus”

Subway Push Death

(h/t:JD)

NYC Subway Shoving Death: One Woman In Custody

NEW YORK — A woman who told police she shoved a man to his death off a subway platform into the path of a train because she has hated Muslims since Sept. 11 and thought he was one was charged Saturday with murder as a hate crime, prosecutors said.

Erika Menendez was charged in the death of Sunando Sen, who was crushed by a 7 train in Queens on Thursday night, the second time this month a commuter has died in such a nightmarish fashion.

Menendez, 31, was awaiting arraignment on the charge Saturday evening, Queens District Attorney Richard A. Brown said. She could face 25 years to life in prison if convicted. She was in custody and couldn’t be reached for comment, and it was unclear if she had an attorney.

Menendez, who was arrested after a tip by a passer-by who saw her on a street and thought she looked like the woman in a surveillance video released by police, admitted shoving Sen, who was pushed from behind, authorities said.

“I pushed a Muslim off the train tracks because I hate Hindus and Muslims ever since 2001 when they put down the twin towers I’ve been beating them up,” Menendez told police, according to the district attorney’s office.

Sen was from India, but police said it was unclear if he was Muslim, Hindu or of some other faith. The 46-year-old lived in Queens and ran a printing shop. He was shoved from an elevated platform on the 7 train line, which connects Manhattan and Queens. Witnesses said a muttering woman rose from her seat on a platform bench and pushed him on the tracks as a train entered the station and then ran off.

The two had never met before, authorities said, and witnesses told police they hadn’t interacted on the platform.

Police released a sketch and security camera video showing a woman running from the station where Sen was killed.

Menendez was arrested by police earlier Saturday after a passer-by on a Brooklyn street spotted her and called 911. Police responded, confirmed her identity and took her into custody, where she made statements implicating herself in the crime, police spokesman Paul Browne said.

The district attorney said such hateful remarks about Muslims and Hindus could not be tolerated.

“The defendant is accused of committing what is every subway commuter’s worst nightmare,” he said.

On Dec. 3, another man was pushed to his death in a Times Square subway station. A photo of the man clinging to the edge of the platform a split second before he was struck by a train was published on the front page of the New York Post, causing an uproar about whether the photographer, who was catching a train, or anyone else should have tried to help him.

A homeless man was arrested and charged with murder in that case. He claimed he acted in self-defense and is awaiting trial.

It’s unclear whether anyone tried – or could have tried – to help Sen on Thursday.

Mayor Michael Bloomberg on Friday urged residents to keep Sen’s death in perspective as he touted new historic lows in the city’s annual homicide and shooting totals.

“It’s a very tragic case, but what we want to focus on today is the overall safety in New York,” Bloomberg told reporters following a police academy graduation.

But commuters still expressed concern over subway safety and shock about the arrest of Menendez on a hate crime charge.

“For someone to do something like that … that’s not the way we are made,” said David Green, who was waiting for a train in Manhattan. “She needs help.”

Green said he caught himself leaning over the subway platform’s edge and realized maybe he shouldn’t do that.

“It does make you more conscious,” he said of the deaths.

Such subway deaths are rare, but other high-profile cases include the 1999 fatal shoving of aspiring screenwriter Kendra Webdale by a former psychiatric patient. That case led to a state law allowing for more supervision of mentally ill people living outside institutions.