LEGAL ISSUES Section Editors: Bruce Strauch (The Citadel) <
[email protected]> Jack Montgomery (Western Kentucky University) <
[email protected]> Cases of Note — Copyright Contrib Infringement - Safe Harbor Column Editor: Bruce Strauch (The Citadel, Emeritus) <
[email protected]> HARLAN ELLISON V. STEPHEN ROB- Anderson and AOL Contrib Infringement ERTSON AND AMERICA ONLINE INC. Around April of 2000, Stephen Robertson For Ellison to win, he must show AOL UNITED STATES COURT OF APPEALS posted four Ellison (copyrighted) short stories knew infringement was taking place and con- FOR THE NINTH CIRCUIT, 357 F.3d 1072; on the USENET, a peer-to-peer file sharing tributed to it. 2004 U.S. App. LEXIS 2074. network. The particular USENET newsgroup Knowledge Harlan Ellison (b. 1934) has published — alt.binaries.e-book — was primarily a vehi- over 1,700 short stories, novellas, screenplays, cle for exchanging unauthorized digital copies Incredibly, AOL had changed its contact comic book scripts, teleplays, and essays. He’s of works by famous authors. email address but waited some months to won Hugos, Nebulas and Edgars. Famous register the change with the U.S. Copyright AOL subscribers are given access to Office and failed to configure the old address novels include Web of the City, Spider Kiss, The USENET, so Ellison emailed AOL, warning Starlost, A Boy and His Dog. Whew. to forward new messages. Which was why of the infringement in compliance with notifi- they didn’t get Ellison’s notice. He was expelled from Ohio State for belt- cation procedures of the Digital Millennium ing a professor who belittled his writing skills.