458rtcvnetcom - CASE BRIEF: RTC v. Netcom THE FACTS. This...

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CASE BRIEF: RTC v. Netcom THE FACTS. This case, with plaintiff Religious Technology Center, and defendant Netcom On-Line Communication Services, deals with intellectual property rights in cyberspace. The situation in this case was that Erlich wrote on an online bulletin board and posted portions of material that was copyrighted by the plaintiff and that he did not have fair use too. Netcom, the internet service provider, is being sued by RTC because, when notified of this infringement, they refused to take Erlich’s content off the internet. The defendant claims that, even if it was infringing, they are not liable. THE ISSUE. Is Netcom liable for direct, contributory or vicarious infringement? THE HOLDING. Netcom cannot have a summary judgment on plaintiff’s claim of contributory copyright infringement but can on direct and vicarious infringement THE RATIONALE. When evaluating whether or not Netcom was liable for direct infringement, the Court took into consideration the fact that Netcom does not monitor subscribers. Netcom claims that they would not have been able to shut out Erlich without shutting out all users of the bulletin board service. Netcom
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458rtcvnetcom - CASE BRIEF: RTC v. Netcom THE FACTS. This...

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