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

907 F. Supp. 1361 (1995)

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Nature of the Case

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Facts

Ps, Religious Technology Center (RTC), and Bridge Publications, Inc. (BPI), hold copyrights in the unpublished and published works of L. Ron Hubbard, the late founder of the Church of Scientology. Dennis Erlich (Erlich (D)) is a former minister of Scientology and is now an extreme critic of the Church. Erlich (D) uses a Usenet newsgroup to convey his messages. Ps claimed that Erlich (D) infringed their copyrights when he posted portions of their works on Usenet online bulletin board. Erlich (D) gained access to the Internet through Thomas Klemesrud's ((D) ('Klemesrud's') BBS 'support.com.' Klemesrud (D) is the operator of the BBS, which is run out of his home and has approximately 500 paying users. Klemesrud's (D) BBS is not directly linked to the Internet but gains its connection through the facilities of Netcom (D) one of the largest providers of Internet access in the United States. Erlich (D) refused to stop his postings. Ps contacted Klemesrud (D) and Netcom (D) to stop Erlich (D). Klemesrud (D) asked for proof from Ds they owned the copyrights. Ps did not respond. Netcom (D) refused Ps' request as well. P sued Ds for copyright infringement. Before the court is everyone’s motions for summary judgment and a preliminary injunction.