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ELLISON v. ROBERTSON

No. CV 00-04321 FMC.

189 F.Supp.2d 1051 (2002)

Harlan ELLISON, an individual Plaintiff(s), v. Stephen ROBERTSON, an individual; America Online, Inc., a corporation; Remarq Communities, Inc., a corporation; Critical Path, Inc., a corporation; "Citizen 513," an individual; and Does 1 through 10, Defendant(s).

United States District Court, C.D. California.

March 13, 2002.

Attorney(s) appearing for the Case

Glen L. Kulik, Gottesman & Mouton, Sherman Oaks, CA, Charles E. Petit, Charles E. Petit Law Offices, Urbana, IL, for Plaintiff.

Daniel Scott Schecter, Catherine S. Lee, Cristian Stauffer Torres, Latham & Watkins, Los Angeles, CA, for Defendant.

ORDER GRANTING DEFENDANT AOL'S MOTION FOR SUMMARY JUDGMENT

COOPER, District Judge.

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...

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