“Any Internet User ... Can Destroy Valuable Intellectual Property Rights”
A relevant example of the application of existing law to resolve cyberspace problems came in the case of Religious Technology Center vs. Netcom Online Communications Service Inc., involving the Scientology church which oversees the purity of the religion (RTC) and an Internet access provider.
In a November 1995 ruling in that case, U.S. District Judge Ronald M. Whyte held that Netcom and a bulletin board service operator, Tom Klemesrud, should have acted to prevent a man from continuing to commit copyright violations after they had been advised to do so by the copyright holders.
Judge Whyte’s decision upheld the ability of copyright holders and licensees to put a halt to the efforts of a lawless few to steal creative works or destroy the fruits of creative labors.
“The court is troubled by the notion that any Internet user, including those using ’anonymous remailers’ to protect their identity, can destroy valuable intellectual property rights by posting them over the Internet,” the judge stated, “especially given the fact that there is little opportunity to screen postings before they are made.”
The ruling has been applauded by numerous experts in Internet and related fields. Computer publisher David Rogelberg described it as “a great victory for all publishers who plan to venture into Internet publishing.... The power to publish their views and be heard will only be enjoyed if we follow the copyright laws currently on the books. Furthermore, everyone—even a service provider—is responsible for ensuring copyrightsare upheld. We must avoid intellectual piracy at all costs.”
According to Steve Arbuss, attorney and Internet lecturer, RTC vs. Netcom was “one of the most influential things to bring attention to the Net and the problems on the Net and the need for solutions.”
Following that decision, in August 1996 Netcom established “a protocol for handling future intellectual property disputes.” The headlines told the story: “Scientology Case Helps Define On-Line Liability” (American Lawyer), “Copyrighton the Web Enhanced” (Legal Times) and “Netcom Pact with Church Includes New Policy for copyright Disputes” (Software Law Bulletin).
As described by attorney Mark Eckenwiler in Legal Times, “Clearly based on the district court’s analysis of the quantum of knowledge necessary for contributory liability, the protocol sets out the type of notice that must be provided to Netcom by an aggrieved copyright owner.”
That notice must include a copy of the copyrighted work, its registration number and certification that a significant portion of the work has been improperly copied. Once Netcom has thus been notified, the protocol states that the firm will assess the legitimacy of the claim and if warranted take appropriate steps to ensure the infringing materials are removed.
Other access providers, such as America Online and Prodigy, now require that membership agreements be signed cautioning against unauthorized submission of copyrighted materials. “Providers have a responsibility to try to protect copyrightsby taking prompt action and informing members of the importance of intellectual property rights,” said David W. Phillips, associate general counsel of America Online. “At the same time, we want to protect free speech and the information flow on the online medium.”
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