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Religious Technology Center v. Netcom Online Communication Service, Inc. | 907 F.Supp. 1361 (1995)

A case from the internet’s early days provided an opportunity to flesh out copyright infringement liability for internet service providers in Religious Technology Center versus Netcom On-Line Communication Services.

Dennis Erlich was a former member of the Church of Scientology. Erlich criticized the church on Usenet, an online discussion forum. Erlich’s posts included copyrighted material authored by L. Ron Hubbard, the church’s founder.

The Religious Technology Center, or R T C, and Bridge Publications owned the copyrights in Hubbard’s works. They asked Erlich to stop posting copyrighted material. He refused.

Erlich accessed the internet through an online bulletin board service operated by Thomas Klemesrud. Erlich’s posts were transmitted to Klemesrud’s computer, which stored the posts briefly. Klemesrud’s bulletin board connected to the internet through Netcom. When Erlich posted content to the bulletin board, a copy of the post was made from Klemesrud’s computer to Netcom’s computer and other computers on Usenet.

R T C and Bridge asked Klemesrud and Netcom to remove the infringing material or kick Erlich off. When neither took action, R T C and Bridge sued Erlich, Klemesrud, and Netcom for copyright infringement in federal district court. Netcom moved for summary judgment of noninfringement. Klemesrud moved for judgment on the pleadings of noninfringement.

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