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Judge dismisses lawsuit, says use of Caner video fair comment (0)

May 1, 2014

MOUNT VERNON, Ga. — A federal judge has dismissed a Georgia Baptist college president’s lawsuit against a blogger who posted video to support allegations that a famous “Jihad to Jesus” testimony is bogus.

A U.S. district judge in Fort Worth, Texas, ruled April 17 that Jason Smathers, a Southern Baptist pastor in Arizona who blogs at Witnesses Unto Me, was entitled to post government videos he obtained through the Freedom of Information Act under the “fair use” doctrine of copyright law.

Ergun Caner, president of Brewton-Parker College in Mount Vernon, Ga., which is affiliated with the Georgia Baptist Convention, filed a lawsuit in the summer of 2013 claiming ownership of videos that Smathers posted of Caner speaking as an expert on Islamic culture in training for U.S. Marines preparing to deploy in 2005.

However, U.S. District Judge Terry Means 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.”

Smathers has reposted video he obtained in 2010 of Caner telling Marines that he came to the United States at age 14 from Turkey and learned everything he knew about America from watching Andy Griffith, Chicago Cubs baseball and championship wrestling on TV.

Smathers also posted legal documents indicating that Caner was in fact born in Sweden, came to America when he was about 3 and grew up as a normal teenager in a suburb near Columbus, Ohio. 

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