Ellison

ORDER GRANTING DEFENDANT AOL’S MOTION FOR SUMMARY JUDGMENT

Introduction

When an overenthusiastic fan uploads his favorite author’s novels to a newsgroup on the internet, what is the liability of an internet service provider, such as AOL, for allowing the books to reside for two weeks on their USENET server? The impact of the Digital Millenium Copyright Act on this issue presents a question of first impression in the Ninth Circuit

I. Procedural Posture

This matter is before the Court on (1) Defendant AOL’s Motion for Summary Adjudication, filed June 4, 2001; (2) Defendant AOL’s Motion for Summary Judgment, filed November 26, 2001; and (3) Plaintiffs Motion for Summary Adjudication, filed November 27, 2001. This matter came on for hearing on February 4, 2002. The parties were in possession of the Court’s tentative decision to grant Summary Judgment to Defendant AOL. Following oral argument, the matter was taken under submission. For the reasons set forth below, the Court hereby GRANTS summary judgment in favor of AOL.

II. Background

A. Factual History

Plaintiff Harlan Ellison is the author of many works of fact and fiction, particularly science fiction. He is the owner of the…