Safari Club Int'l v. Lawrence Rudolph

MEMORANDUM

Safari Club International (“SCI”) and Joan Whipple, successor-in-interest to John Whipple, appeal the district court’s denial of their application for preliminary injunctive relief. In that application, they sought to enjoin Dr. Lawrence P. Rudolph from disseminating a video he made — un beknownst to John Whipple — of a lunch conversation between the two on February 20, 2013. We have jurisdiction pursuant to 28 U.S.G. § 1292(a)(1),’and we affirm.

We disagree with Rudolph’s contention that this appeal is moot. Rudolph contends that because he already posted the video on YouTube, dissemination of the video has already occurred. However, unlike in In Defense of Animals v. U.S. Dept. of Interior, 648 F.3d 1012 (9th Cir.2011) (per curiam), the case on which Rudolph relies, there remains activity to be enjoined. For example, Rudolph could be required to remove the YouTube post, and discontinue any further efforts to disseminate the video. That Rudolph “has no control over, or even knowledge of, other copies that may have been shared or disseminated,” does not change this result; his conduct may be enjoined, and further dissemination of the video by Rudolph may be…