Ergun Caner’s lawsuit against Jason Smathers dismissed with prejudice

Jason Smathers writes:

US Federal Court says posting Caner video is fair use, not copyright infringement. Footage will be online again in short order.

[Update: you can now view the videos Ergun Caner sued to suppress here.]

In 2010 videos showing Ergun Caner deceiving the US Marines was posted on Witnesses Unto Me. At that time Ergun Caner was still preaching behind Christian pulpits, telling a web of lies. His story was about a young man who grew up trained to do “that which was done on 9/11,” growing up in Turkey in the house of a polygamist Muslim before moving to America as a teenager and eventually becoming a Christian. In truth, Caner was born in Sweden and moved to Ohio while he was two years old.

Nearly three years later, Ergun Caner began sending copyright complaints concerning many videos online that contained proof that he invented a fake life story. When submitting such a notice concerning the Marines videos, this author responded by stating the video is public record, created by the US Government, and not subject to copyright. Caner responded with a lawsuit.

Today, the court has ruled on a motion to dismiss by stating the use of the video was fair use and not a violation of copyright. The case is dismissed, YouTube and Viddler will soon be informed so the videos will return, and the court will entertain a future motion for legal fees to be recouped by charging them to Caner.

Smathers’ post includes the final judgment of the District Court, and its order granting the motion to dismiss Caner’s lawsuit. The court order contains a helpful account of the background to the case.

2 thoughts on “Ergun Caner’s lawsuit against Jason Smathers dismissed with prejudice”

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