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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Religious Technology Center v. Netcom On-Line Communication Services, Inc. ： ウィキペディア英語版 Religious Technology Center v. Netcom On-Line Communication Services, Inc. ''Religious Technology Center v. Netcom On-Line Communication Services, Inc.'', 907 F. Supp. 1361 (N.D. Cal. 1995), is a U.S. district court case about whether the operator of a computer bulletin board service ("BBS") and Internet access provider that allows that BBS to reach the Internet should be liable for copyright infringement committed by a subscriber of the BBS. The plaintiff Religious Technology Center ("RTC") argued that defendant Netcom was directly, contributorily, and vicariously liable for copyright infringement. Netcom moved for summary judgment (i.e., Netcom urged the court to make a judgment without a full trial), disputing RTC's claims and raising a First Amendment argument and a fair use defense. The district court of the Northern District of California concluded that RTC's claims of direct and vicarious infringement failed, but genuine issues of fact precluded summary judgment on contributory liability and fair use. (I.e., facts about contributory liability and fair use that required adjudication by trial precluded the court from making a decision without a trial.) ==Facts== Plaintiff RTC held copyrights in the unpublished and published works of L. Ron Hubbard, the late founder of the Church of Scientology. Defendant Dennis Erlich was a vocal critic of the Church via the Usenet newsgroup alt.religion.scientology ("a.r.s."). Erlich posted portions of copyrighted works of RTC on a.r.s. Erlich gained his access to the Internet through defendant Tom Klemesrud's bulletin board service ("BBS"), which had approximately 500 paying users. Klemesrud's BBS was linked to the Internet through the facilities of defendant Netcom. When Erlich posted messages to Usenet, he transmitted his messages to Klemesrud's computer using a telephone and a modem, and the messages were briefly stored on Klemesrud's computer. Then the messages were automatically copied from Klemesrud's computer to Netcom's computers and other computers on the Usenet according to a prearranged pattern. Once the messages were on Netcom's computers, they were available to Netcom's customers to download. The messages were stored on Netcom's system for eleven days and Klemesrud's system for three days. RTC failed to persuade Erlich to stop his postings, and contacted Klemesrud and Netcom. Klemesrud asked RTC to prove that it owned the copyright to the works posted by Erlich, but RTC refused. Netcom similarly refused RTC's request that Erlich not be allowed to access the Internet through its system. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Religious Technology Center v. Netcom On-Line Communication Services, Inc.」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.