Religious Technology Center v. Netcom On-Line Communication Services, Inc.

ORDER DENYING DEFENDANT NET-COM’S MOTION FOR SUMMARY JUDGMENT; DENYING DEFENDANT KLEMESRUD’S MOTION FOR JUDGMENT ON THE PLEADINGS; AND DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION AGAINST NETCOM AND KLEMESRUD

This case concerns an issue of first impression regarding intellectual property rights in cyberspace. Specifically, this order addresses whether the operator of a computer bulletin board service (“BBS”), and the large Internet access provider that allows that BBS to reach the Internet, should be liable for copyright infringement committed by a subscriber of the BBS.

Plaintiffs Religious Technology Center (“RTC”) and Bridge Publications, Inc. (“BPI”) hold copyrights in the unpublished and published works of L. Ron Hubbard, the late founder of the Church of Scientology (“the Church”). Defendant Dennis Erlich (“Erlich”) is a former minister of Scientology turned vocal critic of the Church, whose pulpit is now the Usenet newsgroup alfrreli-gion.scientology (“a.r.s.”), an on-line forum for discussion and criticism of Scientology. Plaintiffs maintain that Erlich infringed their copyrights when he posted portions of their works on a.r.s. Erlich gained his access to the…