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

Dennis Erlich (defendant), a former Scientology minister turned critic, posted criticism of the church on an internet message board hosted by Thomas Klemesrud (defendant), which connected to the internet through Netcom On-Line Communications, Inc. (Netcom) (defendant). Making Erlich's posts available to other users automatically and temporarily copied them onto both Klemesrud's and Netcom's servers. Religious Technology Center (RTC) and Bridge Publications, Inc. (plaintiffs), who claimed copyrights in the Scientology writings Erlich quoted, asked Klemesrud and then Netcom to remove the posts; both refused, with Netcom saying it couldn't screen only Erlich's posts. The plaintiffs sued Erlich, Klemesrud, and Netcom for copyright infringement.