Religious Technology Center v. Netcom On-Line Communication Services, Inc. | Wikipedia audio article
Channel: wikipedia tts
Date: 2019-01-18

This is an audio version of the Wikipedia Article:
https://en.wikipedia.org/wiki/Religious_Technology_Center_v._Netcom_On-Line_Communication_Services,_Inc.


00:01:12 1 Facts
00:02:51 2 Direct infringement
00:03:22 2.1 Creation of Fixed Copies
00:04:00 2.2 Liability for Making Copies
00:05:12 2.3 Public Distribution and Display
00:06:01 2.4 Conclusion
00:06:30 3 Contributory Infringement
00:06:51 3.1 Knowledge of Infringing Activity
00:07:39 3.2 Substantial Participation
00:08:10 4 Vicarious Liability
00:08:34 4.1 Right and Ability to Control
00:09:20 4.2 Direct Financial Benefit
00:09:55 5 First Amendment Argument
00:10:33 6 Fair Use Defense
00:10:53 6.1 Purpose and character of the use
00:11:32 6.2 Nature of the copyrighted work
00:11:58 6.3 Amount and substantiality of portion used
00:12:28 6.4 Effect of the use upon the potential market for or value of the copyrighted work
00:13:10 7 Conclusion
00:13:40 8 Codification
00:14:27 9 See also



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SUMMARY
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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.)